FLYP CREATOR T&CS
INTRODUCTION
The following Creator Terms and Conditions (“Creator Terms”) apply the creators (hereinafter referred to as “you”) when making use of the Services offered by FLYP LTD of Flat 4 88 Kensington Park Road, London, United Kingdom, W11 2P (“FLYP”, “we”, “us”, “our”) through our Platform.
If you are a Customer making any purchase of any Products through our Platform, your purchases will be subject to the terms set out in our Purchase Terms and Conditions.
Please ensure that you have read and understood our Creator Terms and our Privacy Policy.
Please note that by registering on our Platform, you agree to be bound by these Creator Terms and the other documents expressly referred to in them.
In the event that we are legally or regulatory obligated to make immediate changes to these Terms, without the ability to provide advance notice, or if there is an unforeseen and imminent threat related to safeguarding the Tools or our site against fraud, malware, spam, data breaches, or technical security risks, we reserve the right to modify these Terms accordingly.
DEFINITIONS
The terms below shall have the following meaning:
Blank Product: the base item listed on the Platform before the application of the Design by the Creator.
Contract: the contract between you and us for the provision of the Services and the licensing to us by you of the Design in accordance with these Terms.
Customer: a consumer making a purchase of Products from us by means of our site.
Design: the drawing, design, logo, artwork, photograph, illustration which you create via the Platform which are owned by you and which you licence to us for reproduction on the Products and sale of the Products.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Platform: means any website or application owned or operated by us including http://flyp.space.
Products: the final item available for sale through the Platform, which includes both the Blank Product and the applied Design created by the Creator
Purchase Terms: the terms applicable to sales of Products by us to Customers, as set out in https://flyp.space/pages/purchase-t-cs
Registration Form: the online form available on our site, which you complete and submit to us when you register to use the Services.
Services: the services made available by us on the Platform which enable Creators to create the Design for reproduction on the Products and to sell the Products via our Platform.
REGISTRATION
In order to be registered you must complete the Registration Form.
In the Registration Form you agree to provide true, accurate, current, and complete information about yourself and / or your business. You further agree that, in providing such registration details, you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated registration details via the Platform, or otherwise advise us promptly in writing of any such changes or updates.
By completing the Registration Form, you are making an offer to subscribe to the Services provided by us, subject to these Terms.
By registering on our site, you confirm the following:
You have the legal capacity to enter into binding contracts. If you are registering on behalf of a business entity, you are duly authorized by the legal entity to bind it to this Contract.
You are are at least 16 years old. However, if you are under the age of 18, you must use our Services under the supervision and guidance of a parent, legal guardian, or responsible adult ("Guardian"). By accessing our Platform or using our Services, you represent and warrant that you are at least 16 years old and that you have obtained the necessary consent from your Guardian to use our Services under their supervision.
You agree to be bound by our Platform Terms and Conditions and Privacy Policy, which govern your use of Platform.
Acceptance of your registration for the Services will occur when:
we send you an email confirming our acceptance (applicable for registrations on our Platform); or
if you have registered for the Services via Apple ID, the later of: ■ your authorization for Apple to communicate with our site; or ■ our receipt of your details from Apple.
If you breach any of our Platform Terms and Conditions, or any of the other terms and policies referred to in our Terms, your ability to access and use our Services may be terminated by us immediately, where possible by giving written notice to you using the contact details you provide to us.
We reserve the right to suspend or terminate your access to your account for any reason in our discretion.
YOUR OBLIGATIONS
You acknowledge and agree that:
we retain the sole and complete discretion regarding the appearance, design, and content in our Platform, including any offers for Blank Products or Products and their presentation. This includes the right, at our discretion, to remove any offer, Blank Product, Product, or information about you from our Platform, at any time, as well as determine the inclusion, omission, positioning, and other aspects of their presentation;
we do not guarantee exclusive presence on our Platform, and it is possible for third parties to offer and sell Products similar to, or in competition with, your Products through on Platform.
we do not provide any warranty or guarantee that the offers posted on our Platform for the Products or Blank Products will be free of errors. Additionally, we do not guarantee that the posting of an offer on our Platform will result in the sale of Products to Customers.
LICENSE AND IP RIGHTS
We agree that you shall be the owner of all rights in the Designs, and we hereby irrevocably assign to you all rights and title in the Designs that may accrue to us.
You grant us a non-exclusive worldwide license, subject to and in accordance with the terms of this agreement, to:
use the Design on the Blank Products for sale via our Platform;
make available for sale the Products on our Platform on your behalf;
utilize the Design and/or any Product in any advertising or promotional material related to the Product, including, but not limited to, our Platform.
We shall retain all Intellectual Property Rights associated with the Services and the content contained in our Platform.
You grant us a non-exclusive, perpetual, and irrevocable worldwide license to incorporate the information you provide to us (the "Information") into our Platform and use such information in our own editorial content or promotional materials in any medium, including on our site and social media channels. The Information encompasses the Design, campaign titles, Products, your name, brand, likeness, promotional material.
You hereby warrant to us that the Design created on the Platform does not include any content which infringes the Intellectual Property Rights of any third party and/or the copyright of which is owned and/or controlled by any third party.
You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Design(s) and/or the Information infringes Intellectual Property Rights belonging to a third party (IP Claim).
PAYMENT 1.
You shall have the authority to determine the prices for your Products (referred to as the "Prices") which are sold through the Platform. You shall retain the right to modify the Prices at your own discretion.
In order to sell your Products, you are required to open an account with a designated third-party payment processor, and you agree to be bound by the terms and conditions of the chosen payment processor for purposes of participating in the sale of Products via the Platform.
The Creator shall be entitled to receive the payment specified at the time of listing the Product(s).
The Creator acknowledges that Creator shall be entitled to receive payment in relation to the sale of any Products in accordance with this clause solely upon:
confirmation of the relevant Product’s order; and
FLYP’s receipt of full payment by the relevant Customer purchasing the Product.
Notwithstanding anything contained in this clause, in any instances of refund due to payment disputes (including but not limited to fraudulent payments by the Customer), cancellations of orders by the Customer, or copyright infringement claims by third parties in relation to the Design, FLYP reserves the right to withhold Creator's profits for the affected Product’s order.
GENERAL PROVISIONS & APPLICABLE LAW
If any provision of our Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of our Terms, which will remain in full force and effect.
If we fail to exercise any right or remedy under these Terms, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.
The laws of England and Wales will apply to our Platform Terms and Conditions and your use of our Platform. The courts of England and Wales will have exclusive jurisdiction over any claim relating to our Platform or our Terms, except the residents of Scotland and Northern Ireland who may bring a claim in the courts of Scotland or Northern Ireland, respectively.
CONTACTS We will try to answer your enquiry or resolve any complaint as soon as possible. If you need help, contact us at info@flyp.space.
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