Intellectual Property AgreementEffective Date: May 4, 2009
Agreement & General Statement
We will acknowledge any updates to this Agreement by placing a notification on our blog, which you can find at: ViralPrints.blogspot.com. Your use of the Storefront Service represents your acceptance of the most recent terms of the Agreement. Again, we appreciate your interest in the Website and Service. We hope the following information about the Website, Service and Intellectual Property Agreement helps to clarify any questions or concerns that you might have.
Registering an Account
Many aspects of the ViralPrints Service are only available to users who have agreed to the Policies and have registered an Account. Registering an Account with ViralPrints is easy. Just click the "My Account" link at the top right corner of any page and follow the onscreen instructions to get registered with us.
Please note, however, that failure to provide accurate information upon registration may result in the immediate termination of your Account access. Furthermore, you must acknowledge any changes to your contact information by updating your Account immediately. For security purposes, all registered users are required to select a password for their Account. Moreover, all users are entirely responsible for selecting a secure password. In the event that your password and/or Account are compromised without your consent, you must immediately inform ViralPrints by emailing CustomerService@ViralPrints.com.
In short, your Storefront is a place you can display and sell your user-generated content. ViralPrints hosts these Storefronts with several features that can be customized by the owner of the specific Storefront. These features are publicly viewable, and include:
- Embedded online videos
- Merchandise designs
- Information about the content creators and videos
- All product content ("Content") including without limitation, graphics, images, artwork, designs, and videos, must be submitted to ViralPrints through the Website (and/or email) in order to use the Content in conjunction with the ViralPrints Service. Only registered users can submit content to ViralPrints.
- All users are solely responsible for acquiring consent or approval prior to using any Content in conjunction with ViralPrints. We do not accept any responsibility for a user's improper use of the Website and Service. Please review the Terms of Service Agreement for more details on this matter.
- All users are responsible for the production and payment of their Content, whether it is created by the user or obtained from a third party service. Content costs may include without limitation: royalty fees, union fees and guild fees.
You, the user, represent and warrant to ViralPrints that you are entitled to use, copy and distribute - without limitation - any of the following intellectual properties: pictures, graphics, artwork, names, statements, trade names, trademarks, copyrights, service marks, and photographs. That is, you warrant that any submission by you for reproduction does not violate the intellectual property rights of any third party. ViralPrints strives to create an environment where users are recognized and rewarded for their content; and for content where the user has been granted the explicit right to use, copy and distribute the content by the rightful owner. Therefore, it is the responsibility of the user to obtain the right to use any third party intellectual property. ViralPrints and its owners, officers, employees and agents will not be held liable for any unauthorized user-generated content, or any damages that arise as a result of any user's unauthorized use of the Website or Service.
Intellectual Property Protection
Now that we have addressed some of your responsibilities regarding the submission of content, we think it would be a good idea for you to understand how your intellectual property is protected from us. First and foremost, your content will always remain your property - that is, of course, if you are rightfully entitled to it. Therefore, when you make a submission, whether it is a video, content, data, idea, comment, suggestion, graphic, or any other related information (collectively, "Submissions"), the Submission shall remain your exclusive property.
As such - and we can't stress this enough - you are entirely responsible for any and all of your Submissions and any consequences that may arise as a result. Furthermore, when you make a Submission, you grant ViralPrints a non-exclusive, transferable, sub-licensable, worldwide license to, without limitation, display, distribute, and create derivative works of your Submission in any manner that is in accordance to these terms and any terms expressly authorized on the Website.
Reporting Copyright Infringement
Please contact our customer service department at CustomerService@ViralPrints.com if you believe one of our users has infringed on your intellectual property. Include the following information in your email:
- Your name, address, email address, and phone number
- The URL where the alleged infringed intellectual property is located
- The approximate time and date when the alleged infringement first took place
- A physical or electronic signed testimonial by the legal owner of alleged infringed intellectual property, representing and acknowledging that the stated intellectual property is not being used in an authorized manner.
- Please include any additional information that you believe would help settle the issue in the most efficient manner
Account Owner Rules and Responsibilities
ViralPrints is a business, so we expect all of our users to behave in a manner that helps create an environment conducive to promoting, creating, buying, and selling user-generated content and merchandise. All users are expected to use good judgment and abide by all applicable laws, regulations, and terms set forth in our Policies. In reference to the Terms of Service Agreement , Registered Users may not upload or distribute any Content or Products that:
- Infringe on a third party's intellectual property rights
- Display pornographic or obscene Content
- Defame/hurt another individual or entity
Revenue Share Program
ViralPrints offers a Revenue Share Program to compensate the owners of specific intellectual property being sold through our Website. The intellectual property owner has the option to increase the retail price of Product/s being sold through their Storefront and then receive that increased margin as a commission. The intellectual property owner also has the option to opt out of the Revenue Share Program by not increasing the retail price of the Product/s being sold through their Storefront. The specifics of the Revenue Share Program are detailed at here.
The Revenue Share Program, and any participation therein, are subject to all other ViralPrints' Policies.
Compensation, Pricing, and Taxes
- Any shopkeeper that earns $600 of value or more from ViralPrints will need to supply their tax identification information before ViralPrints is able to distribute any further compensation. A 1099 form will be mailed to any shopkeeper that earns $600 or more and will need to be completed and mailed back to ViralPrints in order to comply with IRS requirements. For additional information, please contact us at: ContentPartners@ViralPrints.com.
- Pricing is detailed along with the Revenue Share Program here.
- Your commission shall be determined by subtracting the base price of your product from the product's retail price. You will receive your payments via written checks, which ViralPrints automatically mails on the first day of every month. Outstanding commission is processed and added to the monthly commission checks 30 days after it has been received by ViralPrints. For example, if a purchase is made on the 15th day of January, it will take 30 days to process the commission, so that commission will be included in the check mailed on March 1st. This is because of our 30-day 100% satisfaction money back guarantee. Due to administrative costs, ViralPrints requires an account balance with a minimum threshold of $20 in order to receive automatic payments. Accounts with balances under $20 will be paid at the end of each calendar year.
- If for any reason you are not satisfied with the ViralPrints Website and service, we will pay you any outstanding commission within 60 days of canceling your Account. ViralPrints is not responsible for any payments other than those explicitly stated in the Policies. All users are responsible for providing accurate and up-to-date contact information. ViralPrints shall not be held responsible for any returned commission checks resulting from inaccurate account information, unless a written agreement between ViralPrints and the user has been previously established.
If for any reason you would like to terminate your Account with ViralPrints, please email CustomerService@ViralPrints.com. Furthermore, ViralPrints reserves the right to terminate or restrict your access to the Website and/or Service - with or without notification.
Any questions regarding our intellectual property policy or revenue share program can be directed to IntellectualProperty@ViralPrints.com