Designer License Agreement

 

We at GINGERCRUSH allow you to upload Designs and create campaigns for selling your art as “Seller/Artist” on our Website www.gingercrush.com, mobile site or apps owned and operated by us in relation to sale of products. These designs may either be created by you using our design tools or otherwise and usage of the same is regulated by this Designer License Agreement ("Agreement") and supplemented by the GINGERCRUSH User Agreement and Privacy Policy. Swadesh Essfil Private Limited is the legal owner of the website www.gingercrush.com and all content therein, except where specifically mentioned and is hereinafter referred to as GINGERCRUSH for the purposes of this agreement.

Definitions:

a)      "Designs" mean artwork, photographs, sketches, drawings, text, stitch files, digital images or product specifications that you send to GINGERCRUSH.

b)      "Products" under this Agreement refer to those physical or electronic products made by or for GINGERCRUSH or placed on the Website.

c)      "Designers" are those users of the Site who upload Designs for Products.

d)     "Associates" are those users of the Site who refer purchasers to the Site.

e)      “Designers” or “Associates” are also termed as “Sellers” in certain clauses.

Grant of License:

When you upload a design to this Website or create a design using our design tools, you grant GINGERCRUSH a nonexclusive license which is a worldwide, transferable, sub-licensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products. Such right granted includes without limitation the rights associated to the advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products. Such usage includes without limitation the right to display your Products, promotional "streams" of audio/video/photographic Content on the Website, Products or Design placement in magazines, television shows, movies, and other media; and the sale of Products available on the Site through third party product feeds.

You also grant us the license and the right to make alterations, changes or modifications to your Design as necessary to prepare your Design for use in a particular Product category or for other manufacturing purposes. You also agree that GINGERCRUSH and visitors to the Site ("Users") may make changes to the Design for the purposes of creating and ordering Products on this Website.

You may delete or hide your Design from the Site at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Site. You retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that GINGERCRUSH will fulfill any orders placed prior to termination and GINGERCRUSH may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design.

General:

  • You should provide accurate information including title, description, tags, categories etc. at the time of posting your design in relation to a product for sale so that visitors to the Site can search and find relevant Products. You will make best efforts to provide accurate, non-misleading information about your Designs and you agree not to submit unrelated information in connection with your Design for any purpose. GINGERCRUSH reserves the right to delete any misleading or inaccurate information or your Design, partially or in entirely, at its sole discretion with or without any explanation to you.
  • You agree that your usage of the Site shall be in accordance with applicable laws and regulations of the land.
  • Please report problems, offensive content, and policy violations to us at copyright@gingercrush.com
  • For products with descriptions that include minimum age requirements, you may only publish designs that are consistent with such requirements.
  • You may use a short descriptive phrase as a tag if it accurately describes your item without usage of multiple words in a single tag that do not form a cohesive description.
  • You may not use words or tags that are derogatory, malicious or defamatory on the website or in relation to the website.
  • You may not use copyrighted material without permission of the legal copyright owner thereof or infringe the intellectual property rights of third parties. Any use of third party copyrighted materials by you shall be through a valid legal license or assignment thereof and any payments in relation to the same shall be made by you. GINGERCRUSH shall not be liable for any payments in relation to third party copyrighted materials and shall not be responsible for obtaining a license or consent of the copyright owner for the use or upload of the copyrighted materials on GINERCRUSH.com by you.
  • GINGERCRUSH may inform you of offending action or content for corrective action on your part, however GINGERCRUSH reserves the right to delete your product, design, designer account, user account and withhold earning in relation to inappropriate action or content which may be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, at its sole discretion for any reason whatsoever, without notice to you if it deems fit.
  • Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through Gingercrush.com may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

Partnership Disputes: 

If you work with other people on your campaign, and there is a dispute between you and your partners, even though Gingercrush receives notice of the dispute, Gingercrush is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Gingercrush may withhold payouts until the dispute is resolved, in Gingercrush’s sole discretion.

Charities/Fundraising: 

You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

Hate Speech and Harassment

We do not allow campaigns that promote or glorify hatred toward people based on their age, race, ethnicity, national origin, gender, gender identity, sexual orientation, disability and religion, including people, organizations or symbols dedicated to hatred against these groups. Additionally, we will not allow campaigns including content that bullies, attacks or threatens specific individuals.

Nudity

We do not allow pornographic content in any campaign, including explicit or extreme representations of nudity or sexual activity. Any exploitation or presentation of minors is strictly prohibited. Tasteful photographs, including non-pornographic and artistic photographs, or fictional works of art are acceptable.

Violence or Harm

We do not allow content that promotes or glorifies harm or violence to individuals or others, including campaigns in support of self-harm, incitement to violent acts, and praise or reverence of terrorist groups or figures. Raising awareness or showing support for victims of violence or human tragedy is allowed, provided you don’t violate any intellectual property rights.

Misleading Claims

We do not allow content in any campaign (image, title, description or url) that is false or misleading. This includes misrepresenting your affiliation with any person or entity, presenting untrue information about the origin of production of a product, or falsely identifying an intended recipient of your campaign profits. You may not run campaigns for charities without proper authorization, and understand that you are required to accurately represent the percentage of proceeds and to whom they will be donated.

Illegal Activity

We do not allow campaigns that promote any illegal activity. This includes instructions on how to perform illegal acts or encouraging other forms of illegal activity. Political speech or discussions about topics or events that are illegal may be acceptable.

Pricing:

If you create a campaign through the Gingercrush “MakersTakers”, you will be given a “base price” from Gingercrush for each product. You will also have the opportunity to set the sale price for each product. Once your campaign is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any taxes such as income taxes, VAT, Service Tax etc. applicable to the amounts you earn through Gingercrush. Prior to receiving your payout, you may be required to provide additional information to Gingercrush as needed by Gingercrush to comply with its reporting obligations.

Payments:

  • Products incorporating your Design and sold to third parties on this Website or affiliated platforms shall qualify the difference between the base price and your sale price, less returns shall be payable to you by GINGERCRUSH. Products incorporating your Design and purchased for self use shall not qualify for the same. The base price table may be updated from time-to-time. Profits earned in currency other than your selected payment currency will be converted to your payment currency and is subject to foreign currency conversion fees and applicable tax regulations of India.
  • "Net Sales" shall mean the purchase price received by GINGERCRUSH minus amounts charged for (i) shipping and handling, packaging and insurance; (ii) sales or similar taxes; (iii) refunds, credits, and reversals; (iv) the face value of the postage (v) upcharges for special sizes, embellishments, and other add-on charges ("Upcharges"). If the sale of your Product is to a Customer referred from graphical or text links displayed on products, promotions, emails and/or web properties other than the Site, GINGERCRUSH will retain a referral carve out fee of twenty percent (20%) of your profits or earnings for the Product.
  • Profits or Earnings are only paid on Products that incorporate your Designs and not on any additional sales generated due to the sale of your product, such as sale of additional accessories. No Profits shall be payable if your Design violates or infringes any third party intellectual property or any clause of this Agreement, either partially or in entirety.  
  • Payment of Profits or Earnings shall be according to the GINGERCRUSH User Agreement. Payments shall be made to your Bank Account registered with us.
  • GINGERCRUSH may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. GINGERCRUSH may run promotions (including volume discounts and special sales discounts). GINGERCRUSH is responsible for the cost of promoting the offer if extended by GINGERCRUSH and producing and fulfilling the orders, and you acknowledge that your Profits or earnings will be based on the amount of revenue GINGERCRUSH actually receives for the sale of Products. You have an obligation to put in your best efforts to promote the same of your Products bearing your Design on social media, etc. and GINGERCRUSH is not liable to pay you any expenses or monies in relation to such publicity or advertising. You are not permitted to use the GINGERCRUSH trademarks, logos, copyrighted materials etc. without prior consent from GINGERCRUSH for any purpose, including publicity or advertising.

Representations:

  • You represent that you are the legal owner of the Design or that the Design is in the public domain; or that you have obtained the required consent/ license to use and upload third party copyrighted content. Further you represent that you have the legal right to enter into this Agreement and grant this license to GINGERCRUSH.
  • The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and is not defamatory, obscene or discriminatory content or any illegal material;
  • GINGERCRUSH may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
  • If you have a dispute with one or more Users, Designers, or any third party in relation to the content uploaded by you or another Designer, including intellectual property thereof, you release, indemnify and hold harmless GINGERCRUSH (and GINGERCRUSH's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and GINGERCRUSH. This Agreement shall be construed in accordance with the applicable laws of India. The Courts at Gujarat shall alone have exclusive jurisdiction in any proceedings arising out of this agreement. This Agreement should be read as part and parcel of the User Agreement and Privacy Policy.

GINGERCRUSH may be contacted at support@gingercrush.com or at the Contact Us section of this Website in relation to queries related to this Agreement.