Creators Terms and Conditions
These Creator Terms apply to the uploading and sale of content and other use of the Card Gallery website by our Creators. By accessing a Card Gallery site and/or placing an order you agree to be bound by these Creator Terms. If you do not agree to be bound by these Creator Terms, you may not use or access the Card Gallery sites.
These Creator Terms are separated into the following sections for ease of reference. If you have any questions which aren’t covered in these Creator Terms or if you have any concerns, please contact us at firstname.lastname@example.org.
1) ABOUT US
www.cardgallery.ie and the associated www.cardgallery.co.uk are operated by Benegu Limited and Kalside Ltd respectively. Our registered company number of Benegu Limited is 649013.
Our main trading address is: Card Gallery, 31 Grafton Street, Dublin 2, Ireland, D02 YY42.
Our VAT number is 3626406AH.
2) UPLOADING CONTENT TO THE CARD GALLERY SITE
Whenever you upload content to the Card Gallery sites, make content available via our Services or make contact with users on the Card Gallery sites (together referred to as your Content), you agree with comply with the User Conduct in General Terms as set out below. You warrant that all of your Content does and will comply with those standards and obligations.
We make your Content available on the Card Gallery sites at our sole discretion. If we consider that a design is not up to the standard which we require, it will only be available for users to purchase from your profile page, and will not appear in the occasion categories or any search results. We reserve the right to delete, move, and edit your Content for any reason, at any time, without notice and without liability to you.
We will not be responsible or liable to you or to any third party for your Content. You will be responsible and liable to us, to our customers and to third parties for your Content and you are solely responsible for securing and backing up your own copies of your Content.
3) CREATOR PAYMENT
Where we sell products which feature your Content, you will receive €50c per sold product. All Creators will be consulted with before any royalty rate adjustments are carried out by us.
Royalties are paid based on our quarterly sales report schedule as follows:
Q1 - Jan to Mar - Sales Report and payment will be sent mid-Apr
Q2 - Apr to Jun - Sales Report and payment will be sent mid-Jul
Q3 - Jul to Sep - Sales Report and payment will be sent mid-Oct
Q4 - Oct to Dec - Sales Report and payment will be sent mid-Jan
It is essential that Creators provide required bank details, as bank transfer is the only way through which royalties can be paid.
To receive your royalty payments, you will be contacted and asked to provide the required bank details. Card Gallery cannot be held liable for any payments outstanding due to missing information.
In the event that we pay a refund to a customer for any reason, we reserve the right to cancel or reclaim the related royalty payment from you.
We consider a Creator buying their own card as them ordering a sample. As a result, no royalty is paid on this sale. Creators are asked to get in contact with the team email@example.com before they order the sample in order for us to help them with the process.
If requested by the Creator, we will provide them with sales figures for their range of designs sold under the Card Gallery Brand
4) SHARED CREATOR FOLDER(SCF)
We provide services (referred to in these terms as our Services) which are primarily designed to help creatives share and offer cards for sale, and to enable buyers to purchase those products.
To use our Services as a Creator you should open or have an existing Google account with your name and email address. Your email address will be linked to your Shared Creator Folder (SCF) on Google. These details will eventually be used to create a Creator Profile for you. Your details must be complete, correct, and true. Where you provide us with a photo and other information in your bio or Creator profile, you acknowledge that we may make that photo and information available to the public via the Card Gallery sites.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you should treat such information as confidential and you should not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you should promptly notify us at firstname.lastname@example.org.
5) COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
Card Gallery sites and Other Content
Your works are protected by copyright laws and treaties around the world. All such rights are reserved. You may only use the Card Gallery sites for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Card Gallery sites.
You should not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Card Gallery sites other than solely for your own personal use. Our status, and that of any identified Creators, as the authors of material on the Card Gallery sites must always be acknowledged.
You retain all of your ownership rights in your Content but by uploading your Content or otherwise making your Content available for promotion and sale via the Card Gallery sites, you grant us a worldwide, non-exclusivelicence to use your Content in connection with:
the promotion and sale of greeting cards which we make available for sale via the Card Gallery sites or any other platforms under the Card Gallery brand (including but not limited to Facebook);
• the promotion of your logo/brand/personal imagery and location to inform customers/audience of the Card Gallery marketplace brand story
• the operation of the Card Gallery sites and our Services; and
• the promotion of Card Gallery’s business or any part of it in any medium and via any media.
We respect the intellectual property rights of others, and we ask our customers and Creators to do the same. You are responsible for your Content and for ensuring that you have the necessary rights to use your Content and to grant the licence described above. If we receive notice claiming that any of your Content infringes the rights of a third party, we may remove your Content from sale without notice and you will be liable to us for any loss suffered as a result of such infringing content.
IP Infringement Policy
If you are aware that any of your intellectual property rights have been infringed by any product offered for sale on the Card Gallery sites, please contact us via email (email@example.com and provide us with the following information:
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• your contact information, including your address, telephone number, and an email address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
Where we receive notice of an infringing product we will liaise with the relevant Creator (which may include passing on the information you provide) to ensure that the infringing product is removed from sale.
6) EXCLUSIVE CONTENT SCHEME
As part of the upload process you are asked to state if your designs are ‘exclusive’ to Card Gallery. However, you are not obliged to grant us exclusivity. If the imagery, caption, or content is the same or substantially similar to a design sold or licensed by other online retailers or print on demand companies, then it cannot be classed as exclusive. This does not currently include designs sold by you on your own website or sold by you via online marketplaces Etsy and Not on the Highstreet.
In the event that you grant exclusivity to Card Gallery, you will be responsible for ensuring that this information is up to date and correct at all times. Should we find that this is not the case, we reserve the right to remove the exclusivity benefits and in certain circumstances we may terminate your Creator account and remove your Creator profile and your Content from the Card Gallery sites.
We reserve the right to terminate or change the terms of our exclusive content scheme (including what constitutes ‘exclusive’ content) and the exclusivity benefits at any time at our sole discretion.
7) TAXATION RESPONSIBILITY
You are responsible for your own taxes associated with the royalties earned and you should account for any taxes imposed by governments or governing authorities.
Card Gallery will not collect or pay taxes on your behalf. The royalty amounts paid to you will be deemed to be inclusive of any taxes. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of products featuring your Content 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 Ireland Card Gallery will pay VAT relevant to the royalties earned when a valid Ireland VAT certificate is uploaded to your Shared Creator Folder(SCF) or by emailing to firstname.lastname@example.org. Card Gallery will provide you with a VAT invoice for any royalty payments made.
For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility, and Card Gallery will not be liable for paying any tax owed on your behalf.
8) YOUR LIABILITY
You are responsible for your Content and your compliance with these Creator Terms. You agree to indemnify, defend and hold us, our officers, directors, employees, subcontractors, agents and representatives are harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses of whatever nature that arise directly or indirectly out of or from any of the following:
- your breach of any provision in these Creator Terms;
- any claim from a third party relating to your Content;
- any allegation that your Content or any materials that you submit to us or transmit to or via the Card Gallery sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property rights or other rights of any third party;
- your activities in connection with the Card Gallery sites and our Services.
The above indemnity will apply without regard to the negligence of any party, including any indemnified person and will survive termination of your Creator account however occurring.
We reserve the right to disable or terminate at any time, in full or in part and without further notice, your Creator account and your right to use our Services, and to remove and discard your Content for any reason. In particular but without limitation we have the right to disable or terminate your Creator account and your use of our Services at any time, if in our reasonable opinion: (a) you have failed actively participate in our Services for a period of 365 days; (b) you have failed to comply with any or all of the provisions of these Creator Terms; (c) you have violated any other applicable regulations, guidelines or laws; (d) your conduct is harmful or detrimental to Card Gallery or other Card Gallery users, our services or any third parties; or (e) you have not accessed your account for a prolonged period of time.
You have the right to close your Creator account and terminate your use of our Services at any time by contacting us at email@example.com.
In the event that your Creator account and use of our Services is disabled or terminated for any reason, you will no longer be able to log into your Shared Creator Folder(SCF) and your Creator profile will be removed from the Card Gallery sites. Data associated with your account may be retained by us in accordance with our privacy notice and you will continue to be responsible all of your Content which you made available via our Services prior to such termination.
10) GENERAL TERMS
- a) Changes To These Terms
These Creator Terms may be changed or updated by us at any time without notice. We recommend that you check these Creator Terms periodically for any updates we might make from time to time, as they will be binding on you.
- b) Changes to the Card Gallery websites
We may update the Card Gallery sites from time to time, and may change the content at any time. If the need arises, we may suspend access to the Card Gallery sites, or close them indefinitely. While we endeavour to keep the content on the Card Gallery sites up to date, any of the material on the Card Gallery sites may be out of date at any given time, and we are under no obligation to update such material.
- c) Availability
We do not guarantee that the Card Gallery sites, or any content on them, will always be available or be uninterrupted or be free from errors or omissions. We may suspend, withdraw, discontinue or change all or any part of the Card Gallery sites without notice. We will not be liable to you if for any reason the Card Gallery sites or any part of them is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Card Gallery sites. You are also responsible for ensuring that all persons who access the Card Gallery site through your internet connection or from your devices are aware of these Creator Terms and other applicable terms and conditions, and that they comply with them.
We may limit the availability of the Card Gallery sites or any service or product described on the sites to any person or geographic area at any time.
- d) No reliance on information
The content on the Card Gallery sites is provided for general information only. It is not intended to amount to advice on which you should rely.
- e) User Conduct
You should not use the Card Gallery sites to upload, distribute or share any prohibited content including but not limited to the following:
- copyrighted material used without the express permission of the owner;
- material that violates the rights of others;
- material that contains worms, viruses, trojan horses or other forms of corruptive code, or any other content that may compromise the Card Gallery sites;
- material that advocates illegal activity;
- content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- material that, in any way, is harmful to minors; or
- material that provides a link to any of the above.
You warrant that your Content complies with the standards set out above. We have the sole discretion to determine whether content is prohibited content, and we may examine content submitted to the Card Gallery sites from time to time. We do not monitor or control the content posted to the Card Gallery sites and we do not take responsibility for such content. However, we may delete, move, and edit content for any reason, at any time, without notice.
If you have reason to believe at any time that your Content does not comply with the content standards set out above, you should let us know by contacting us at firstname.lastname@example.org and you should immediately remove the offending content from the Card Gallery sites.
We have the sole discretion to determine whether content is prohibited content, and we may examine content submitted to the Card Gallery sites from time to time. We do not monitor or control the content posted to the Card Gallery sites and we do not take responsibility for such content. However, we may delete, move, and edit content for any reason, at any time, without notice.
- f) Our liability
Our liability in connection with any faulty or defective card or other product purchased through the Card Gallery sites and in connection with any non-delivery is limited to issuing a replacement or refund as set out in our Customer Terms
Whilst we take reasonable care in relation to the Card Gallery sites, the material displayed on the Card Gallery sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Except where required by law, we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or for any and all and damages, losses or causes of action arising, by reason of or in connection with your use of our Services or the Card Gallery sites.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability for death or personal injury arising from our negligence, and our liability for fraudulent misrepresentation or misrepresentation.
- g) Viruses, hacking and other offences
You should not misuse the Card Gallery sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You should not attempt to gain unauthorised access to the Card Gallery sites, the server on which the Card Gallery sites is stored or any server, computer or database connected to our Services or the Card Gallery sites. You should not attack the Card Gallery sites via a denial-of-service attack or a distributed denial-of service attack. In the event of a breach of these obligations, your right to use the Card Gallery sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, worms, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Card Gallery sites or to your downloading of any material posted on it, or on any website linked to it.
- h) Linking to the Card Gallery sites
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you should not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You should not establish a link from any website that is not owned by you.
The Card Gallery sites must not be framed on any other site, nor may you create a link to any part of the Card Gallery sites other than the home page. We reserve the right to withdraw linking permission without notice.
- i) Links from the Card Gallery sites
You are not permitted to link to another site where your Content is for sale within your bio information or otherwise on your Creator profile. If we find that you are in breach of this restriction we may terminate your Creator account and remove your Creator profile and your Content from the Card Gallery sites without notice.
Where the Card Gallery sites contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- j) Jurisdiction and applicable law
These Creator Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Republic of Ireland.
11) PRIVACY AND COOKIES
When creating an account with Card Gallery, you are asked to provide a contact email and will have the option to decide whether you would like to receive marketing communications from us. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in all of our marketing communications, or by getting in touch with us at email@example.com.
If you opt-out of receiving marketing communications from us, we may still use your email address to contact you with order confirmations, dispatch notices and other information about your orders.
For more information about how we use personal data, please see our privacy notice.
12) EXIT CLAUSE
If any creator wishes to end their relationship with Card Gallery for any reason, they must do so by notifying Card Gallery by e-mail. 30 days’ notice must be given, to allow for removal of IP and data from our system. Exit from the agreement shall stand completed on expiry of the 30th day.