Overview

We are about celebrating and empowering creative minds to thrive and providing those artists with a safe, secure, supportive platform to showcase and sell their artwork. To achieve this, we only allow original artwork created exclusively or non-exclusively to be uploaded to our platform, have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy through the Services.

We have Zero Tolerance policy towards the infringement of Copyright and Intellectual Property Rights, and as such we must insist you respect this essential principle of our platform and community.

Copying or imitating someone else’s artwork, photographs, trademarks (logos, characters, or names), or likeness (celebrities or anyone else) is unethical, illegal, and inexcusable will not be tolerated on our platform.

Artists need to be aware that publishing your work on our platform is subject to legal responsibilities and you must make sure you are not breaking any laws by publishing of your work on our platform.

There are several international laws and treaties protecting Intellectual Property. In simple terms -

·         Copyright Law: Protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.

·          Intellectual Property Law: Protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.

Fair Use Notice

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. However, “fair use” typically applies in limited circumstances and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it for/on our platform.

In general, you might be able to incorporate someone else's copyright or trademark into your own work, if you do it in such a way that that is considered "fair use" or in such a way that qualifies as another permissible use.

Please be aware that we act in accordance with the “Notice and Takedown” procedure when an infringement report has been received. Additionally, certain works may be taken down, at our sole discretion, without any specific explanation, in appropriate circumstances of potential infringement issues.

Ultimately, you must take full responsibility to ensure anyone’s rights are protected and laws are not broken before your art is uploaded, displayed, and sold on our platform.  In addition to all other remedies available to us, we will withhold any Artist Share if you are found to be in violation of our Copyright and Intellectual Property Policy.

Artwork and Content License, Rights, and Usage

 By submitting artwork and content, you grant us, where applicable, with a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format on our platform (and its successors' and affiliates') and the Services in facilitating the display, promotion, production, sale and distribution of products with your artwork and content.

You also hereby grant each user of our website, mobile website, social media, and digital services a non-exclusive license to access your content through these platforms, and to purchase, use, distribute, and display such content as permitted through the functionality of these platforms and under this Terms of Service.

If you wish to discontinue the listing, display, promotion and sale of your artwork or content on products through our platform, third-party affiliates and third-party retailers, you are required to provide us with a sixty (60) day notice to remove your artwork from the Services. We retain the right to sell any products bearing your artwork and content during this sixty (60) day period.                                          

You, as artist, are entirely responsible for all your artwork and content that you create and made available for our platforms and for sale through the services, that you own or have obtained all required intellectual property and other rights in your artwork and content, including without limitation, the right to manufacture, distribute and sell products that include your artwork and content. You represent and warrant that:

·         You own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the services, to manufacture, distribute and sell products that include your artwork and to grant us the rights granted to it in these terms;

·         Your artwork and content and the manufacture, distribution and sale of products that include your artwork does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;

·         Your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

·         Your artwork and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

Copyright & Trademark Notice

All copyrights and trademarks on our platforms and the Services (including the software and systems underlying the Services, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant copyright and trademark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:

·         Use, adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website; or

·         Commercialize any information, products or services obtained from any part of this website, without our expressed written permission.

If you use any of our material and trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, services, digital platforms (including this website).

Reporting Infringement & Takedown Procedure

We respect the intellectual property rights of others and expect you to do the same. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks or other intellectual property rights of others.

If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Redbubble's designated agent for complaints (submit form below) by sending a Notice and Takedown Report, which must include the following important information:

·         A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;

·         Identification and description of the works claimed to have been infringed;

·         Identification of the artwork or content that are claimed to be infringing or to be the subject of infringement activity and that are to be removed or access to which are to be disabled, including information reasonably sufficient to permit us to locate the material;

·         Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and e-mail address;

·         A statement that the complaining party has a good faith belief that the use of the artwork or content is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and

·         A statement made under penalty of perjury that the information in your will is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Additionally, in certain circumstances, we may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights, or other rights of others purposely.

Please send all notices and correspondence to support@padauk.us.

You acknowledge that if you fail to comply with all of the above notice requirements of this Copyright and Intellectual Property Policy, your notice may not be valid. When a complete and proper notice is received by us, it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include but not limited to:

·         Removing or disabling access to the artwork or content identified in the notice;

·         Notifying the applicable artist that we have removed or disabled access to such artwork or content;

·         Cancelling orders for products that include the artwork and content identified in the notice;

·         Terminating such artist’s account; and

·         Terminating and/or retrieving payments of any Artist Earnings to such artist.

Only notices of suspected intellectual property rights infringement should be sent to the Designated Agent. For all other requests for technical support, feedback, comments, and other communications, please contact Customer Care.