Ignition Ink User Agreement

Last Updated: August 20th, 2019

Hi, welcome to Ignition Ink.

Our goal is to make it easier for artists and art lovers to connect, create and enjoy the amazing creative talent out there. This Marketplace was designed for you and we’d love you to get involved, be that creating and selling art, buying products or sharing our artists and their work with the world. To ensure that everyone is able to continue enjoying our little slice of online creative heaven it is essential that all Ignition Ink users respect each other and the intellectual property rights of others, including copyright and trademarks.

Any content (artwork) you submit to our Marketplace must have been created by you with permission to do so and in doing so you authorise us and others to use it. When you are viewing the content on our Marketplace, either as a customer or a browser, please respect the intellectual property of our artists. Without this mutual respect between the users of our Marketplace we will no long be able to provide our services.

When you submit artwork to Ignition Ink it is up to you to ensure you are not breaking any laws or infringing the copyright or trademarks of others. Once an artwork is submitted it will become publicly available which brings legal responsibilities you must be aware of.

By using our website to create an account, sell artwork, purchase products, browse content or any other use of our Services you accept this agreement and the terms and conditions included in it. Please read it carefully as it is important you understand what you are agreeing to. If you do not agree to our terms, do not continue using the website or any of our services.

This aim of this user agreement is to ensure you are aware of your responsibilities and to ensure everyone continues to enjoy our Marketplace. Have Fun!

Usage of The Services

Legal Agreement

This agreement is between the user (“user”, “you” or “your”) and Ignition Ink Ltd (“Ignition Ink”, “we”, “us” or “our”). All users of the Ignition Ink website (ignitionink.com) and services agree to enter into a binding legal agreement on the following terms (the “agreement”).

Amendments to the agreement

Occasionally we may amend or update this agreement. When we do make changes we will make you aware by email to the email address you have provided us or by displaying information about the changes on our website and/or social media accounts. If you continue to use our Services and Website you agree to these changes and enter into a new agreement.

Eligibiity

Our Marketplace and Services are only available to individuals over the age of 16 who can form legally binding contracts under applicable law.

The Services

Ignition Ink provide our users with a range of services (the “Services”) which allow you to publish, share, sell, promote, purchase, review and discuss artwork as well as to interact with other users. As a seller you are able to benefit from our provision of product fulfilment, payment processing, customer service, order fulfilment services and access to our product manufacturing partners.

Any content published, submitted or shared on our website is publicly available for viewing by other users. This content may be information, text, data, graphics, images, photographs or any other material posted by you or other online users. When an order is placed for a product with your artwork we will facilitate the production and delivery of the physical product to the customer on your behalf. Your commission of the sale will then be deposited into your Ignition Ink account to be withdrawn.

Terminating the Agreement

If you wish to terminate this agreement, close your account and withdraw the license granted to us under the Our License section of this agreement you can do so by emailing admin@ignitionink.com. We will respond acknowledge your request in 5-10 business days and complete the request within a further 60 days. You agree to grant us license to continue to use your content for sole purpose of fulfilling orders for products containing your artwork placed before the request is completed.

User Accounts

Registered Users

When you create an account, as a buyer or a seller, you become a registered user of our Services. To open an account you must provide a your email address and select a username and password. You are required to become a registered user before you can submit content to the website. We reserve the right to block any user from registering or remove any registered for any reason including inappropriate usernames or unfair usage of our Services.

Be aware any information you share in public sections of your profile, and all comments and reviews, may be viewed, distributed or linked to within the website or through the delivering of our Services. To find out more about how we handle your personal information please read our Privacy Policy.

Protecting Your Password

When you create an account, as a buyer or a seller, you become a registered user of our Services. To open an account you must provide a your email address and select a username and password. You are required to become a registered user before you can submit content to the website. We reserve the right to block

Content, Artwork & Intellectual Property

Your Rights & Responsibilities

Your intellectual property rights are important to us. You own and retain the complete rights and copyright to all content and artwork you submit to Ignition Ink. It is therefore your responsibility to ensure the artwork you submit it rightfully yours, you have permission to use it and that it does not infringe the copyright or trademarks of any other person.

Our License

In order to benefit from our Services you grant Ignition Ink a non-exclusive, royalty free license to publicly display, use, distribute, modify, reproduce and retain your artwork for, but not limited to, the purpose of promoting you as an artist, your artwork, producing and promoting products of your artwork and providing our Services.

Submitting Your Content

When you submit or upload your content you agree to the following:

  • You own the copyright, or have the express permission of the owner, to use the content and have all of the rights required to display, reproduce and sell the content;
  • That by uploading the content you are not infringing the intellectual property rights, copyright, trademark or any other rights of any person or entity;
  • By accessing our Website and Services you are complying with all applicable law, rules and regulations;
  • The content is not and does not contain obscene, pornographic, indecent, harassing, threatening, harmful, abusive, inflammatory or otherwise objectionable material or material that defames or vilifies any person, people, races, religion or religious groups;
  • The content is not misleading or deceitful and does not promote, offer or disseminate goods, services, promotions or schemes of a fraudulent nature; and
  • The content does not include malicious code that may damage, interfere, expropriate or intercept any part of our Services, system or personal information of our users.

Removal of Your Content

If you no longer wish for your content to be displayed or sold on Ignition Ink you can request that it is removed by emailing admin@ignitionink.com. You can remove any products you no longer wish to be sold by deleting them from your store using the Store Manager.

Ignition Ink reserves the right to remove your content without prior warning if we deem it to breach this agreement, any applicable laws or otherwise. You agree to indemnify Ignition Ink of any direct or indirect damage caused by your breach of one or more of these warranties.

Reporting Inappropriate Content

You understand that our Website and our Services display content submitted by other users in the forms of images, text, data, photography, designs, pictures, graphics or other submitted materials, not created by or representative of Ignition Inks thoughts, values or principles.

We do not manually screen all the content submitted to us before it is displayed on the website. Unfortunately, there may be occasions where inappropriate content that may inadvertently or deliberately breach this agreement is published.

In the case that you find some content to be offensive or inappropriate, we ask that you let us know so we can review and/or remove it. You can do so by emailing help@ignitionink.com with a URL link to the page containing the offensive content.

If you believe the intellectual property, copyright, trademarks or other rights of you or another individual or entity are being infringed you can make a formal complaint to admin@ignitionink.com. We endeavour to respond to all complaints of this nature within 5 business days.

Selling on Ignition Ink

Selling Your Art

Ignition Ink provides you with the ability to sell your artwork on our products to Ignition Ink customers. Any person may benefit from this service by becoming a registered user and opening an Ignition Ink store account. By doing so you appoint Ignition Ink as the sole facilitator of the transactions and fulfilment of the sales of your content and grant us the license to your work necessary to fulfil this service as set out in this agreement.

Getting Paid & Your Commission

When your artwork is purchased on any product you will be due a 20% commission of the total sale value. This commission will be added to your Ignition Ink payment account automatically once the order has been completed. You can withdraw your commission to your chosen payment method at any time. However, please note there is a minimum withdrawal amount of £15 (Fifteen Great British Pounds).

Excess Inventory

In the event that any inventory becomes excess due to a refund, return, exchange, reprint, promotional activities or product sampling you grant us permission to dispose of it in any way we deem proper and correct.

Cancelling Orders

Ignition Ink reserves the right to cancel orders for any reasons it deems appropriate or in breach of this agreement (including but not limited to low quality artwork, fraud, infringement of the intellectual property, copyright, trademarks or other rights of a third party or offensive material).

When an order is cancelled you will not receive any commission for the respective sale. In the case that a commission has already been paid or deposited into your account, the full amount will be deducted from your Ignition Ink payment account balance. If there is an insufficient balance in your payment account we reserve the right to reverse a payment to your personal account for the corresponding amount.

Taxation Responsibility

Each party is solely responsible for declaring the taxes associated with the each transaction to the relevant governing authorities including meeting related accounting or audit requirements. Ignition Ink does not collect or pay taxes on your behalf and it is your responsibility to ensure you remain tax compliant with the relevant governing authorities by declaring the proceeds of each sale made.

Purchasing on Ignition Ink

Buying an Ignition Ink Product

Our Marketplace provides access to amazing artworks on a range of products that users can purchase. To make a purchase you are not required to be a registered user (“guest checkout”). When making a purchase you can choose to create an account and become a registered user.

Discount codes or vouchers must be applied on the cart or checkout pages be entering them directly into the coupon code box. Discounts cannot be applied retrospectively, once an order has been placed the price is fixed and discounts can no longer be applied.

Once an order has been placed it cannot be cancelled. Please ensure your order is correct before you complete your purchase.

Orders not received due to incomplete or incorrect delivery addresses are not the responsibility of Ignition Ink. It is the customer’s responsibility to ensure they enter and provide the correct delivery address.

When you purchase a product containing the artwork of any artist on our Marketplace you understand the artwork is submitted by a third party. We do not endorse, recommend, warrant or make representations about any content or art provided by artists on the Marketplace.

Delivery

After an item is purchased Ignition Ink provides the details of the product(s) ordered, customer delivery details and the selected shipping service to third party manufacturers to fulfil the order. Ignition Ink determines the shipping charges paid by a customer at checkout depending on the product(s) ordered and delivery country.

Reviews

Ignition Ink enables users to review an artist which will be displayed publicly on that artist’s store. You can only access this feature once you have purchased an item from an artist and can only review the artist whose work you bought. Please bear in mind these reviews are solely of the artist and their artwork and should not be representative of the quality or deficiency of a particular product type, service or experience provided by Ignition Ink. If you wish to review Ignition Ink you can do so on our Facebook page.

Damaged Goods

If a product received is in a damaged, or partially damaged, condition, Ignition Ink will arrange a replacement product from the relevant manufacturer or seller to be delivered free of charge. In the case of an original artwork, where it is not possible to provide a replacement, our customer support team will work with you to determine the cause of the damage to determine if the responsibility for providing a refund falls on the us, the artist or a courier.

If you receive a damaged item please contact our customer support team by emailing help@ignitionink.com within 14 days of receiving the item. Please provide as many details of the damage as possible along with your order number and delivery address, this helps our team to resolve your request and arrange a replacement as quickly as possible.

All the products published on the Marketplace contain artwork supplied by third-parties. Therefore, it is the customer’s responsibility to ensure that any artwork is satisfactory and does not include any errors (including but not limited to misspelled words, grammatical errors, formatting, design or overall quality and appearance) before making a purchase. Any complaints or claims made regarding the quality of the artwork will not be covered as a damaged item.

Disputes & Resolutions

All disputes arising relating to this Agreement or to your use of the Marketplace and our Services will be governed by the laws of the United Kingdom and resolved under confidential binding.

You and Ignition Ink agree to submit to the personal and exclusive jurisdiction of the County and Crown courts in the United Kingdom for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Ignition Ink may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Ignition Ink agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Ignition Ink agree that any cause of action arising out of or related to the Ignition Ink Marketplace and Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If you have a dispute with one or more users or sellers, you release Ignition Ink (and Ignition Ink’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes

General Terms & Legal

Privacy

At Ignition Ink we are committed to respecting your privacy rights and keeping you informed of how we handle your data. When you use our services we collect and process your personal data in compliance with the applicable legal requirements at all times. We will never rent or sell your personal data for marketing or other purposes. For more information on how we handle, process and secure your data please refer to our privacy policy.

Security of Information

Ignition Ink takes all necessary steps to provide reasonable security for the data we handle and store. Unfortunately no security system can be protected from all potential security breaches due to the inherent nature of the internet. Therefore, we cannot guarantee the security of your Personal Data while that data is stored on our systems or being submitted by you on or through the Services over the internet which you do at your own risk.

Specific Warnings

It is the responsibility of the user to ensure that they are complying with the laws that apply to them by accessing the Marketplace or Services.

Ignition Ink do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Marketplace, Services or any linked website. You must take your own precautions to ensure that the process that you use to the Marketplace and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Ignition Ink Marketplace or Services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Marketplace or Services, or any transmissions by others in contravention of the registered user’s obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person or third party.

Linked Websites

The Marketplace may contain links to other websites (“external sites”) for your convenience and may not remain current or be maintained. We do not screen or take responsibility for the content, privacy practices or security of external sites. In no way do we endorse, approve or recommend any external sites and provide links only to relevant content that we believe may be useful to our users.

Disclaimer

We do not represent or guarantee that the Ignition Ink Marketplace or Services, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Marketplace or Services or these websites will be uninterrupted.

You acknowledge that the Ignition Ink Marketplace or Services may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any users’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Marketplace or Services or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:

  • if the breach relates to goods:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and
  • if the breach relates to services:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Termination of Access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:

  • your breach of any clause of this agreement;
  • any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the intellectual property, copyright, trademark or other rights of any third party; and/or
  • your activities in connection with the website.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Liability Limitation

Ignition Ink will in no way be liable or held responsible for any consequential loss or damage suffered by you arising from this Agreement or the use of the Marketplace and Services. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.