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The following terms of this Nonexclusive License Agreement ("Agreement") apply if you create products with InkShuffle's design tools and/or publish a Design to be displayed and/or offered for sale on websites owned or operated by or for InkShuffle.com Ltd (the "Site"). "Design" means any and all artwork, photographs, sketches, drawings, text, and digital images that you send or upload to InkShuffle for placement on the Site or on physical or electronic products made by or for InkShuffle ("Products").Licenses:By uploading Designs to the Site or creating Designs with InkShuffle's design tools, you grant the following licenses to InkShuffle: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products; and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category.You may remove your Design from the Site at any time, and 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 InkShuffle will fulfill any orders placed prior to termination and InkShuffle may continue to use your Design in marketing and promotional materials if such materials were printed prior to removal of the Design. Tags & Descriptions:At the time you publish a Design, you will be asked to provide information (title, description, tags, categories) about your Design 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 will not submit unrelated information in connection with your Design for any purpose. If InkShuffle determines that information is misleading or inaccurate or that it violates the rights of a third party, InkShuffle may delete such information or your Design, in its sole discretion.Individual GalleriesIf you become a member, you will have the option to limit access to your Gallery of Content (“Gallery”) by selecting the public, private, or locked option. If you enable the private option for your gallery, you will receive a personal URL to serve as a link to your Gallery. If you select the locked option, only those that are given the assigned password will have access to your Gallery. If you select the public option, InkShuffle then reviews your Content for appropriateness and artistic value to insure a high level of quality in our public store. If your content is accepted, anyone will be able to search, access, and review all of the Content in your Gallery, and order products containing the Content. InkShuffle RESERVES THE RIGHT TO REFUSE PUBLIC STATUS TO ANY MEMBER. If you do not want the public to be able to access all of your images, you should enable private or locked option feature. Visitors will get full access to your images only if they enter your unique URL or password. You are responsible for, and will have the ability to edit and delete, all Content in your Gallery. We reserve the right to require you to change the URL for your Gallery. You understand and agree that InkShuffle shall not be liable for any access to, use of or disclosure of any image, comment or other content in your Gallery. Pricing:InkShuffle determines the price at which Products are sold on the Site and affiliated sites. You can see InkShuffle's standard retail prices. The actual retail price for Products incorporating your Designs may vary based upon Your Royalty Rate (see below). All prices are in US dollars. Prices and products may change at InkShuffle's discretion. Royalty:InkShuffle will pay you a royalty for all sales of Products offered on the InkShuffle website that incorporating your Design ("Royalty") for which sales are made through the InkShuffle website. InkShuffle's standard royalty rate is 10% ("Standard Royalty Rate"), but you have the option of selecting any royalty rate between 10% and 99% (in increments of 1.0%) for each of your Designs as incorporated in each Product category ("Your Royalty Rate"). InkShuffle's list prices are based upon the Standard Royalty Rate. If Your Royalty Rate is greater than 10%, InkShuffle will change the purchase price to reflect the increased royalty payable to you.For a sale to generate a Royalty, the customer must purchase the product or products in question that has incorporated your Design, using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.Your Royalty will be calculated as follows:1. Your Royalty Rate multiplied by Net Sales of Products incorporating your Design. Net Sales means the purchase price received by InkShuffle minus amounts charged for shipping, handling, packaging, insurance, and sales or similar taxes; refunds, credits, and reversals;2. 15% of the Net Sales if the sale was a Referred Sale, Referred Sale means a sale that requires that InkShuffle pay a fee to a third party based upon a link from another website.3. InkShuffle will also pay you a Royalty at the Standard Royalty Rate for "Upcharges" received by InkShuffle based on orders for Products incorporating your Design, subject to deductions for returns, credits, and reversals, upcharges are for special sizes, framing, and other embellishments for which additional charges are applied to the order ("Upcharges").
Example: The following is an example to demonstrate Royalty calculation.
Let’s say the Standard Price for an item containing your design is $100.00.
Easy-Off Wall Murals
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