Terms of Service
About the Spoonflower Community
Spoonflower is an automated web service that gives you the power to print your own, one-of-a-kind, products. It’s also a community of people with a passion for patterns and design. In addition to creating custom products for yourself, you can make your designs available to sell to others and shop for products that can’t be found in any store in the world. It is our goal to create a site that is accessible and useful to as many people as possible. Before spelling out the legal terms and conditions for using our site, we’d like to set out a few basic values we believe are core to our community:
- Respect and support for intellectual property rights, both yours and those of others. You cannot upload designs to Spoonflower that you don’t own or have permission to reproduce. This includes pictures, images, characters and the like created by someone else. You also cannot use someone else’s trademark without permission either within your design or to identify or promote your designs. Whether or not you have legal permission to reproduce a design or a trademark is not something we can determine for you. It is your responsibility to understand the permissions associated with any design you upload. If you believe a design on our site violates your intellectual property rights copyright, please notify us using the process described below.
- Your control of your own designs. In order to run Spoonflower we have to be able to do things like reproduce and distribute the designs you upload, actions outlined below in the section titled Proprietary Rights. But at all times you retain both copyright and control over your designs. We will not sell, share, or reproduce your work except as necessary to run our service and our Web site. We started Spoonflower to empower creative people, not to take advantage of them.
- Community standards. We place great faith in the good judgment of our creative community. Our Web site is used by people of all ages, from countries around the world. For that reason we discourage the publication of designs that might be considered offensive or inappropriate. Designs are private by default and we reserve the right to make public designs private or to remove them altogether should we deem them unsuitable for our community.
Revised: October 9, 2015
- Acceptance of Terms; Modification to Terms
- User Conduct
- Member Account, Password
- Proprietary Rights
- Copyright Policy
- Warranty of Ownership and Non-infringement
- Deleting Designs Or Accounts
- Disclaimer of Warranties
- Limitation of liabilities
1) Acceptance of Terms; Modification to Terms.
Thank you for visiting Spoonflower, a service of Spoonflower Inc. (“Spoonflower”), a Delaware corporation. Spoonflower provides its Web site and services (“Site”) subject to the following terms of service (“Terms”).
By using the Site, uploading any data or images or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the Site. These Terms are applicable to your use of the Site regardless of how you accessed the Site.
We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Spoonflower’s good faith reasonable judgment, Spoonflower will notify you via email or by posting a notice on the homepage of the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the Site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at firstname.lastname@example.org.
You must be 13 years of age or older to use the Site. If you are not at least 13 please discontinue your use of the Site and do not provide any personal or other information to Spoonflower on or through the Site. If you are between the ages of 13-18, please obtain the permission of your parent or legal guardian before using the Site.
2) User Conduct
When you upload photographs, designs, drawings, text or other content (“Content”) to the Site, you keep your copyright and any other intellectual property rights you may have in the Content. You also control the account settings that determine whether or not your Content can be shared or sold through the Site. In order to maintain and provide the Site, Spoonflower is required to be able to copy, crop, modify, reproduce, display and distribute your Content worldwide. Spoonflower will only perform these actions to the extent necessary to provide the Site. By submitting Content to, or utilizing, the Site, you grant Spoonflower a royalty-free, nonexclusive, worldwide, transferable license to modify, copy, sell, display, distribute and create derivative works of the Content and the goods created from or based on such Content so long as such process is an essential step of the Site. By default, all Content uploaded to the Site is not available to the public unless you specifically signify the Content as public. In addition to making your Content available to public, you may also elect to make Content available for sale on the Site by agreeing to the terms of the Seller’s Agreement. If you choose to make Content public and/or available for sale on the Site, you can also choose to remove them from sale or make the Content private at any time.
By making your Content public on the Site, you give Spoonflower the right to display or print your Content, including photographing goods made from that Content, for use in materials used to help market both the Site and the designers who use the Site. Be aware that Google and other search engines will also index public designs and the information included in public user profiles.
By uploading Content to the Site you represent and warrant that:
- You have the lawful right to reproduce and distribute such Content;
- The Content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- The Content complies with all applicable federal, state, and local laws, regulations and ordinances;
- The Content does not invade any individual’s right of privacy or celebrity;
- The Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable.
In using this Site, you also agree:
- Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Not to upload, download, post, email or otherwise transmit false or misleading information;
- Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- Not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
- Not to collect or store personal information about any other use of the Site.
Disputes with Others: Should a dispute arise between you and another user or a third party, Spoonflower urges you to contact the user or third party to resolve the dispute amicably. You can report disputes with other users to email@example.com, although Spoonflower cannot guarantee that it will pursue a particular action on your behalf. You may also report, if it is appropriate, a dispute to law enforcement, the postmaster general, or a certified mediation or arbitration entity, as applicable.
You hereby release Spoonflower (and Spoonflower’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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
You acknowledge that Spoonflower is an automated web service that gives you the power to upload, display, offer for sale and/or print your own designs as one-of-a-kind, textiles, wall paper or wrapping paper. Given the automated nature of the service, Spoonflower is not able to review all Content that is uploaded to the Site. However, Spoonflower and its designees shall have the right (but not the obligation) in their sole discretion to review and to reject or remove any Content that is available via the Site. Upon placing any order through the Site, or making designs available for sale, you acknowledge that Spoonflower may review it and the Content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, Spoonflower and its designees shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates the Terms or is otherwise objectionable to us. Spoonflower shall have the right, at its exclusive discretion to remove Content and/or suspend user accounts that violate these Terms or Spoonflower policies. Spoonflower reserves the right to amend the Terms and its policies described above from time to time at its sole discretion.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Spoonflower nor any other party involved with the production of any product incorporating such Content, including but not limited to fabric, assumes that responsibility. Spoonflower’s production of any product depicting your Content shall be pursuant to your order and specification and Spoonflower shall merely function as a printer of such products. Spoonflower’s production of any product depicting your Content, including but not limited to fabric, does not indicate that Spoonflower accepts, approves of or endorses the Content, that the Content complies with applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You hereby agree to waive any claims against Spoonflower and its affiliates, contractors, agents, third party service providers and employees (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to communications or materials made available to the Site or posted on the Site, including other Content, by other users and persons other than Spoonflower or its Representatives.
4) Member Account, Password
If you register on the Site, you will receive an email confirming the creation of a Spoonflower account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Spoonflower of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Spoonflower cannot be liable for any loss or damage arising from your failure to comply with this Section 2.
You represent and warrant that all contact and personal information provided to Spoonflower during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with Spoonflower.
Spoonflower has developed an application program interface (API) that will enable approved third-party websites and software to interact with the Site and upload Content, view publicly available Content and/or order products utilizing Content that is made available for sale through the Site. You acknowledge and agree that any information or Content that you make publicly available on the Site may be accessed and used by these third-party sites.
If you choose to make your profile public, your name, screen name and public contact information will be displayed on the site to other users. Spoonflower is not liable for damage incurred due to use of personal data posted in a public profile or public designs on the Site.
6) Proprietary Rights
You acknowledge and agree that, except for your Content, any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the Site by Spoonflower, or its Representatives (“Site Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Spoonflower, shall belong to Spoonflower. You may not use, reproduce or distribute any Site Content without the authorization of the owner of such Site Content, except for uses permitted by law.
You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the Site shall remain the property of Spoonflower and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the Site or the Software, in whole or in part.
7) Copyright and Other Intellectual Property Policy
Spoonflower respects the intellectual property rights of others. We ask our members to do the same. Spoonflower, in its exclusive discretion, may terminate the accounts of users it believes may be infringing the copyright, trademark or other intellectual property rights of others.
It is Spoonflower’s policy to respond expeditiously to claims of infringement. Spoonflower will promptly process and investigate notices of alleged copyright and/or trademark infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
If you are a Rights Owner and believe in good faith that your copyrighted material has been posted on the Site in violation of any applicable rights or licenses, and you want this material removed, you must provide the Site with a written communication that details the information listed in this section. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work(s) claimed to have been infringed;
c) an identification of the material that is claimed to be infringing, including a link to or description of where the claimed infringing Content is located on our Site so that Spoonflower is capable of finding and verifying its existence;
d) contact information, including identification of the copyright owner, your name, address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyright interest involved.
Send the written infringement notice and the materials above to our “Designated Agent” the following address:
2810 Meridian Parkway, Suite 176
Durham, NC 27713, USA
Upon receipt of notices complying, or substantially complying, with the DMCA and this section, Spoonflower will use its reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
8) Warranty of Ownership and Non-infringement
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (E.G. COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
You agree to defend, indemnify and hold Spoonflower and Spoonflower’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
You agree that Spoonflower, in its sole discretion, may terminate your user name, password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Spoonflower may also in its sole discretion and at any time modify the Site, or any portion thereof, or discontinue providing the Site, or any part thereof, with or without notice. Further, you agree that Spoonflower shall not be liable to you or any third-party for any termination of your access to the Site.
The Site may provide, or third parties may provide, links to other Web sites or resources. Because Spoonflower has no control of such sites and resources, you acknowledge and agree that Spoonflower is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Spoonflower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Prices for products on Spoonflower are described on our Web site and are incorporated into these Terms by reference. All prices are in US dollars. Prices and products may change at Spoonflower’s discretion.
Title and risk of loss for all Products ordered by you shall pass to you on Spoonflower’s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of Products ordered by you through the Site, unless otherwise stated on the Site or agreed by Spoonflower (such as through a special offer).
14) Deleting Content Or Accounts
If you wish to terminate your Spoonflower account, please contact us and request to do so.
If you choose delete Content from the Site, it will no longer be available or visible on the Site. We may retain copies of Content in our archives to the extent required by our systems for backing up and protecting our database and Web site or for other administrative purposes. If you purchase Content and then delete it from your account, we preserve a copy of the Content in order to fulfill the order. Likewise if you make Content available for sale to others and it is purchased before you delete the Content, we keep the Content in order to be able to fulfill the order. We do not use backup copies of deleted Content except as provided herein.
If you delete your account, Spoonflower will retain at its discretion your personal information as long as is reasonably required to fulfill the purposes for which it was collected. Spoonflower does not retain residual rights to deleted or retired work other than those outlined above.
15) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPOONFLOWER AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOONFLOWER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SPOONFLOWER DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING FABRICS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
16) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SPOONFLOWER OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND SPOONFLOWER’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY SPOONFLOWER OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO SPOONFLOWER FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
Spoonflower shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Spoonflower, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
This Agreement will be governed by the laws of the State of North Carolina. Spoonflower may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, NC, necessary to protect the rights or the property of you or Spoonflower (or its Representatives), pending the completion of arbitration.