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1. Introduction
Welcome to Weebing! We provide a website (Site) where you, as an artist, can collaborate with us to upload or create digital art for our customers to purchase a license and download (Digital Art).
1.1 In these partner terms and conditions (Terms):
(a) When we say you or your, we mean both you and, if applicable, any entity you are authorized to represent (such as your employer).
(b) When we say we, us, or our, we mean Weebing, each a Party and together the Parties.
1.2 If you are using the Site on behalf of your employer or a business entity, you, in your capacity, represent and warrant that you are authorized to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2. Acceptance and Site Licence
2.1 You acknowledge acceptance of these Terms by agreeing to them on the Site.
2.2 To use the Site, you must be at least 18 years old.
2.3 We reserve the right to modify these Terms at any time, providing written notice to you. By clicking “I accept” or continuing to use the Site after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If the amendment adversely affects your rights and you do not agree, you have the option to cancel your Account.
2.4 Conditional upon your adherence to these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site and the Designer CMS following these Terms. All other uses are prohibited without our prior written consent.
2.5 When utilizing the Site, you must not engage in unlawful or inappropriate activities, including:
- Violating an individual’s privacy (such as uploading private or personal information without consent) or any other legal rights.
- Using the Site to defame, harass, threaten, menace, or offend any person.
- Using the Site for unlawful purposes.
- Interfering with any user of the Site.
- Tampering with or modifying the Site (including transmitting viruses and using trojan horses).
- Using the Site to send unsolicited electronic messages.
- Employing data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site.
- Facilitating or assisting a third party in engaging in any of the aforementioned acts.
3. Accounts
3.1 To access the features of the Site, you must register on the Site and create an account (Account).
3.2 As an artist, you may have only one Account, and as a buyer, you may also have only one Account on the Site.
3.3 When registering for an Account, you must provide basic information, including your business name (if applicable), contact name, email address, and choose a password.
3.4 Before uploading any Digital Art, you must link your PayPal or Payoneer merchant account to your Account.
3.5 Upon registering an Account, your Account information will be used to create a profile that you can curate.
3.6 All personal data you provide to us will be treated following our Privacy Policy.
3.7 You agree to provide and maintain up-to-date information in your Account and not to share your Account password with any other person. Your Account is personal, and you must not transfer it to others.
3.8 You are responsible for keeping your Account details, username, and password confidential. You will be liable for all activity on your Account, including purchases made using your Account details. Notify us immediately of any unauthorized use of your Account.
4. Submission of Digital Art
4.1 Once you have set up an Account, you may submit Digital Art(s) to us to be made available to our customers on the Weebing platform, via upload to the Designer CMS.
4.2 To submit Digital Art, you will need to:
(a) where you are uploading Digital Art for ad-hoc download (as opposed to through our membership), select the price you wish the Digital Art to be available for purchase on the Weebing platform, noting that we will set a minimum price on the site. We may alter your chosen price on notice to you to reflect the then current average market price for the purchase of similar Digital Art (Digital Art Price);
(b) upload all images, photos, and guides relating to the Digital Art;
(c) provide any other information that we reasonably request; and
(d) follow all guidelines made available by us for the format required for Digital Art.
4.3 Provided the Digital Art complies with these Terms, we will make the Digital Art available on our Weebing platform within a reasonable amount of time.
4.4 You acknowledge and agree that:
(a) we have complete discretion to display all Digital Art on our Weebing platform in any order that we see fit, and your Digital Art may not appear on the first page; and
(b) we may bundle your Digital Art and make it available as a package with other digital products, including from other artists.
4.5 You agree to upload only single digital designs and not “packs” or “bundles” with more than one different digital design at a time to our Plus Partner Program.
4.6 You represent, warrant, and agree that you will not upload any Digital Art that:
(a) is defamatory, hurtful, offensive, discriminatory, obscene, derogatory, or sexually explicit;
(b) promotes any conduct that is abusive, threatening, violent, or illegal;
(c) does not comply with our Community Guidelines; and/or
(d) promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
5. Promotional Opportunities
You can opt to buy or take advantage of free promotional opportunities, such as being featured in our email marketing, showcased on our home page, or participating in a discount (Promotional Opportunity). If you choose to accept a Promotional Opportunity, you won’t be able to remove the relevant Digital Art(s) from the site during the promotion. These opportunities are subject to the fees and terms outlined in any Promotional Opportunity offer, as displayed on the site or communicated to you through other means. In case of any conflict between the terms and conditions of a Promotional Opportunity and these Terms, the terms and conditions of the Promotional Opportunity will take precedence.
6. License for Digital Art
By submitting any Digital Art or making content available on or through the Site, you provide us with a worldwide, irrevocable, perpetual, non-exclusive, transferable, and sublicensable (following these Terms) right to:
(a) sell, license, promote, market, and make the Digital Art available for download; and
(b) publicly display, stream, broadcast, or otherwise exploit your Digital Art for marketing, promoting our Site, and showcasing your Digital Art, including through our Site and on our social media platforms.
7. Digital Art
7.1 You consent that in cases where we feature or advertise your Digital Art in our promotional materials, no royalties or any form of payment will be owed to you for such usage.
7.2 You retain the right to request the removal of Digital Art from the Site at any time by sending us an email to the address provided at the end of these Terms. While we will make efforts to promptly fulfill removal requests, you acknowledge, understand, and agree that such removal will not impact any downloads already made of your Digital Art (and associated licenses).
7.3 You affirm that you bear sole responsibility for all Digital Art you submit or make available on or through the Site. Furthermore, you represent and warrant that:
(a) You are either the sole and exclusive owner of all Digital Art, or you possess all necessary rights, licenses, consents, and releases required to grant us the rights outlined in these Terms.
(b) The Digital Art, as well as its posting, uploading, publication, submission, or transmission, and our use of the Digital Art on, through, or via our Site (including on social media), will not infringe, misappropriate, or violate any third party’s Intellectual Property Rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.4 Despite any contrary provision, to the fullest extent permitted by law, you are responsible for and agree to indemnify us, holding us harmless from any liability we may incur or otherwise become liable for in connection with your infringement of the rights of any third party (including Intellectual Property Rights). This includes any claim asserting that our use of the Digital Art in accordance with these Terms infringes the rights of any third party (including Intellectual Property Rights), even in cases where AI Generated Content is created using the Illustrator AI on the Site.
7.5 You commit to promptly inform us in writing with full details if any of the following matters come to your attention:
(a) Any actual, suspected, or threatened infringement of your Intellectual Property Rights in any Digital Art.
(b) Any claim made or threatened asserting that your Intellectual Property Rights in any Digital Art infringe the rights of any third party.
(c) Any other form of attack, charge, or claim to which your Intellectual Property Rights in any Digital Art may be subject.
8. Payments
8.1 We will remunerate you with royalties for the licensing and downloading of your Digital Art through our Site by one of our customers, as outlined in clause 8.
8.2 We have established a ‘Partner Fund’ to compensate artists contributing Digital Art that we offer as part of our membership. The Partner Fund comprises 50% of the total net income derived from membership fees paid by our customers each month, excluding any third-party payment processing fees.
8.3 To determine your royalties, we will:
(c) allocate the Partner Fund among the total number of downloads on our Site, distributing it proportionally among all artists contributing Digital Art to our membership product; and
(d) for Digital Art submitted to our marketplace on an ad-hoc basis and paid for by a customer, pay you a percentage of the Digital Art Price based on our commission rates, available here.
Collectively, these constitute the royalties.
8.4 Provided you adhere to these Terms, we will transfer your royalties into your PayPal or Payoneer account monthly. Your PayPal or Payoneer account is subject to the terms and conditions of PayPal or Payoneer, and we are not responsible for any services they provide.
8.5 You agree that we may update our royalty structure at any time, providing written notice to you. If you disagree with the changes, you have the option to terminate these Terms and your Account following clause 13.
8.6 You consent to our right to set off or deduct any amounts payable to you under these Terms from any amounts you owe to us in connection with the Site.
9. Intellectual Property
9.1 All Intellectual Property Rights (including copyright) developed, adapted, modified, or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Designer CMS) (referred to as “Our Intellectual Property”) will consistently vest, or remain vested, in us.
9.2 We grant you the authorization to use Our Intellectual Property solely for the purposes for which it was intended.
9.3 Without our prior written consent, you must not:
(a) Copy, in whole or in part, any of Our Intellectual Property;
(b) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property to any third party; or
(c) Breach any Intellectual Property Rights connected with the Site, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
9.4 The above clause does not limit your ability to publish, post, or repost Our Intellectual Property (other than AI Generated Art) on your social media page or blog, provided that:
(a) You do not claim ownership of Our Intellectual Property;
(b) Unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) You do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading, or deceptive; and
(d) You comply with all other terms of these Terms.
10. Warranties
You affirm, promise, and agree that:
(a) You will consistently adhere to the Community Standards;
(b) You will comply with any reasonable policies and procedures provided to you, including our Community Guidelines;
(c) You will refrain from using our Site, including Our Intellectual Property, in any manner that competes with our business;
(d) There are no legal restrictions preventing you from entering into these Terms;
(e) All information and documentation provided by you in connection with these Terms are true, correct, and complete;
(f) Descriptions you provide for your Digital Art will be accurate, fair, and not misleading or deceptive;
(g) You are responsible for complying with all applicable laws, rules, and regulations when submitting your Digital Art;
(h) We reserve the right to remove your Digital Art from our Site at any time, at our sole discretion;
(i) You will refrain from engaging in any activities that may adversely affect our goodwill, brand, or reputation (and that of the Site);
(j) You will not disparage us or our Site, nor make any statement or publication, whether oral or in writing, that brings, or is likely to bring us into disrepute or ridicule;
(k) Customer downloads of your Digital Art are based on personal preference, and we do not guarantee downloads through the Site;
(l) The Site is not intended as a backup facility for your Digital Art, and you will retain copies of your Digital Art and related materials.
11. Availability, Disruption and Downtime
11.1 While we make every effort to ensure the continuous availability of our Site, we do not provide any guarantees that it will be accessible 100% of the time. Periodic disruptions may occur, including instances of scheduled or emergency maintenance.
11.2 Our Site, encompassing various Designs, may interact with or depend on products or services from third parties. To the maximum extent permitted by law, we are not responsible for disruptions or downtime resulting from these third-party products or services.
11.3 We will make reasonable efforts to notify you, whenever feasible, of any disruptions affecting your access to our Site.
12. Limitations on liability
12.1 Neither Party may avail itself of the limitations and exclusions outlined in clause 12 concerning any liability arising from its intentional default.
12.2 The restrictions on liability in clause 12 apply to all liabilities arising under or in connection with this Agreement, including liabilities in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity, or otherwise.
12.3 Nothing in these Terms restricts any Liability that cannot legally be limited, including Liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) defective products under the Consumer Protection Act 1987.
12.4 Subject to clauses 12.1 (no limitation in respect of deliberate default) and 12.3 (liability which cannot legally be limited), but notwithstanding anything to the contrary, to the maximum extent permitted by law:
(a) Neither Party will be liable for any Consequential Loss;
(b) A party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and
(c) Our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Products to you or, at our sole discretion, to 50$.
13. Termination
13.1 You can terminate your Account and these Terms at any time by using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take immediate effect.
13.2 We reserve the right to terminate your Account and these Terms for any reason, at any time.
13.3 If we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
13.4 Upon the expiry or termination of these Terms:
(a) Your access to the Site will be removed, and your Account will be deleted;
(b) We will cease promoting and licensing your Digital Art; and
(c) You will only be entitled to Royalties for your Digital Art that were downloaded from our Site up until the date of termination.
13.5 If termination is a result of our breach of these Terms, we commit to refunding you for any prepaid unused Fees, Service Fees, or Listing Fees on a pro-rata basis.
13.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under them.
14. General
14.1 Assignment: Subject to the clause below, neither Party may assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
14.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
14.3 Disputes: If the Parties cannot agree on how to resolve the Dispute at the initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of England and Wales to appoint a mediator. The mediator will decide the time, place, and rules for mediation. The Parties agree to attend the mediation in good faith to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.4 Entire Terms: Subject to your Consumer Law Rights, these Terms constitute the entire understanding between the Parties, and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms. These Terms supersede all previous discussions, communications, negotiations, understandings, representations, warranties, commitments, and agreements regarding its subject matter.
14.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event. The Party seeking to rely on the benefit of this clause must, as soon as reasonably practical, notify the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and use reasonable endeavors to minimize the duration and adverse consequences of the Force Majeure Event.
14.6 Further Assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under them.
14.7 Governing Law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts, waiving any right to object to proceedings being brought in those courts.
14.8 Notices: Any notice given under these Terms must be in writing, addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.9 Privacy: We will handle your data following our Privacy Policy, available on our website.
14.10 Relationship of Parties: These Terms are not intended to create a legal partnership, joint venture, employment, or agency relationship between the Parties.
14.11 Severance: If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable. Failing that, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
14.12 Third-Party Sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. We recommend that you make your investigations concerning the suitability of those websites. If you purchase goods or services from a third-party website linked to the Site, such a third party provides the goods and services to you, not us.
15. Definitions
15.1 Consequential Loss: Includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, loss of use and/or corruption of your Digital Art, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. The Parties acknowledge and agree that your obligation to pay us any fees under these Terms will not constitute “Consequential Loss” for this definition.
15.2 Force Majeure Event: Means any event or circumstance beyond a Party’s reasonable control.
15.3 Intellectual Property Rights or Intellectual Property: Means any and all existing and future rights throughout the world conferred by statute, common law, equity, or any corresponding law in relation to any copyright, designs, patents or trademarks, business names, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements, or modifications of, the foregoing, whether or not registered or registrable.
15.4 Liability: Means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity, or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
For any questions or notices, please contact us at:
- Email address: contact@weebing.com
Last updated: 24 December 2023