These are the Terms and Conditions that govern your submission of cards to Thankster.com (“Thankster”, or “the Website”), and our use thereof. In making your submission(s) to Thankster you indicate that you accept these Terms and Conditions ("Terms") and that you agree to be bound by them. These Terms create a binding contract between you and Thankster, Thankster current and future affiliates and Thankster current and future third party licensees ("Thankster and Partners") that you will use the Website only in a manner consistent with these Terms. If you have questions about these Terms, please contact card submissions support at firstname.lastname@example.org.
Your submission of cards to the Website is entirely conditioned on and subject to your compliance with these Terms and all applicable laws and regulations. If you do not agree with these Terms, do not access or use the Website for the purpose of submitting cards to Thanskter.
The Artist (also, “You”) hereby grants to Thankster license to use designs created by the Artist, for the creation, sale, distribution, advertising and promotion of digital and printed greeting cards.
The cards created under this contract may be sold worldwide.
Thankster shall pay the Artist a royalty based on the net retail price (“Net Price”) of all digital and printed cards sold that have been submitted by the Artist and accepted by Thankster and posted on the Website. Net Price shall mean the selling price of the card less extras such as taxes, postage or shipping, and any special promotional discounts. A card is "sold" as of the date the card is shipped. The royalty earned by the Artist for each card sale shall be 10% on Net Price received between $.75 and $1.50, 15% for Net Price between $1.51-$3.00, and 20% for Net Price over $3.00.
Thankster shall keep accurate books of account at its principal place of business covering all transactions related to this Agreement.
Payments and Statements.
Payments shall be made monthly so long as the accrued earnings since the prior payment exceed $10. Thankster may change this by written notification to the Artist.
If requested by the Artist, Thankster shall print on the back of each card a copyright notice, logo, or insignia provided by the Artist, along with the option of adding sentiment writer‘s name credit. Thankster will determine the size of any such image.
Indemnification and Warranty.
The Artist represents and warrants that he or she has the full right, power and authority to enter into this Agreement and abide by these Terms, to carry out the terms, and to grant Thankster the rights described hereunder, free and clear of all claims and obligations to third parties, and agrees to indemnify and hold Thankster harmless from and to all claims from any party on account of breach of this provision.
This Agreement shall be governed and interpreted in accordance with the laws of the New York.
In submitting any cards to Thankster for consideration, Artist Agrees to be bound by these Terms and this Agreement.
Thankster Intellectual Property and Ownership Rights
Thankster has the right, but not the obligation, to sell your creative work to Thankster and Partners.
Artists’ Intellectual Property and Ownership Rights
All creative work, including but not limited to your art work, photos, graphics, audio, video, words, text, phrases, concepts, look and feel ("Content"), submitted by you is owned by you and you will retain ownership of such Content. By submitting such Content you grant Thankster a perpetually, irrevocable, royalty-free, worldwide, transferable, non-exclusive right and license to use, publicly display, copy, reproduce, print, modify (by Thankster or other third parties bound by these Terms), distribute, market and sell such Content in any media, place or form Thankster deems appropriate. Thankster may sublicense these rights to a third party subcontractor or vendor only for the purpose of inclusion of your Content on Thankster related products (e.g. paper greeting cards, ecards, calendars).
As part of this license and right you acknowledge, understand and agree that:
Now or in the future your Content could, but is not required, to become part of promotional activities, including contests, within any websites powered by Thankster and Partners to determine the best Content submitted without any compensation or remuneration paid to you.
- Now or in the future your Content could, but is not required to be, displayed outside the card category area of Thankster and Partner related web properties or emails.
Representations Made By You
If you make any submissions you represent and warrant to Thankster that you:
are of legal age to form a binding contract
will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party
will comply with all applicable laws, rules and regulations
are not aware of any claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content
understand that Thankster will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Thankster incurs in providing these services
will not cause injury to any third party by the third party's use of any instructions, formula, recommendations or the like contained in your Content
you are not aware of any viruses or any other programs or technology designed to disrupt or damage any software or hardware contained in your Content
Creative Works Misuse Policy
Thankster does not allow the copying or use of another artist's creative work, including images or woreds.
Thankster will enforce this policy in order to prevent the misuse of the original creative works, image/art and verse, of artists. You have agreed to and accepted in these Terms & Conditions that you have or own the rights to use and sell all images/art and verse you submit. You also agree to this each time you upload content.
As for the usage of stock photography/images, you are responsible for abiding by the stock site's licensing rules of usage and limitations in regards to reselling and proper accreditation. In acceptance of these Thankster's T&C, you accept and acknowledge to having the appropriate rights to use stock photography/images in this manner.
Although we do review and approve cards, we do not verify or validate image/art and verse rights. Any legal implications for creative work misuse is your sole responsibility and liability as the submitting artist.
Based on reports of potential abuse, Thankster will contact artists in question giving them the opportunity to rectify the situation by changing or removing the suspect card(s). Thankster has the right, and will upon our discretion terminate an artist from Thankster and their use of our site and services.
To report misuse of your creative works please send an email to: email@example.com.
Your use of the Website is subject to applicable local, state, federal and International law. Users of the Website may not use the Website to process prohibited content, or to transmit to or through the Website any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party or end users using the Website. By way of example only, and not as a limitation, you specifically agree not to:
Violate or encroach the rights of others or use the Website for any unlawful or illegal purpose
Violate or encourage others to violate any applicable law, statute, ordinance or regulation
Upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable at Thankster and Partners sole discretion
Harm anyone including minors in any way, including, but not limited to, Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct
Impersonate any person or entity, including falsifying, stating or otherwise misrepresenting your affiliation with a person or entity
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
Upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any moral right of any party
Upload, post, e-mail or otherwise transmit any material that contains software viruses, worms, 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 including those that could compromise the Website or servers or networks connected to the Website
Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ
Provide a link to any of the above
Provide false or deceptive information
Thankster and Partners have the sole discretion to determine whether Content is prohibited Content and any Content submitted to the Website may be subject to examination from time to time. Although Thankster and Partners may not examine and review all Content submitted or transmitted to the Website, Thankster and Partners may delete, move and edit materials for any reason, at any time, without notice.
All Content that is processed through the Website is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
Thankster grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and v) you will otherwise comply with all terms and conditions of these Terms of Service. Thankster reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Thankster of any unauthorized use of your password or account or any other breach of security.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without their prior written permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If Thankster suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, then your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more requests to our servers than a human can reasonably produce in any period of time by using a conventional on-line web browser. Notwithstanding the foregoing, Thankster grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
The interactive nature of postings on Minted makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Minted users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Minted, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. Minted does not provide any confidentiality with respect to any User Submission. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the legality, accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain ownership rights in your User Submissions. However, by submitting User Submissions to Minted, you hereby grant Minted a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Minted’s (and any of its successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works we may create) in any media now known or hereafter developed.
If you choose to post User Submissions on our Website, then we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Minted reflects your respect for the legal rights of others.
Minted expressly disclaims any and all liability in connection with User Submissions. Minted reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.
Thankster may terminate, at its sole discretion, any users of accounts created by those submitting works (“Designer Accounts”) for any reason especially if Thankster feels such Content on the Website violates Intellectual Property and Ownership Rights of Thankster or other third parties as discussed in these Terms or the conduct of any user of the Website is in violation of these Terms. You will be bound by these Terms indefinitely unless Thankster terminates you as a user of the Website or otherwise terminates these Terms. This is needed in case artists or creative talent do things that do not make common sense and are not in good faith.
If Thankster terminates your use of the Website, then Thankster, at its sole discretion, will delete any Content or other materials relating to your greeting card storefront from any Thankster and Partner servers. It may take up to 24 hours for your Content to be removed from all Thankster and Partner servers. If Thankster takes this action Thankster will have no liability to you or any third party for doing so. Additionally, if Thankster terminates your use of the Website, Thankster will have no further obligation to provide license fees as otherwise mentioned in these Terms. Upon termination any license rights granted under these terms by both Thankster and Artist are terminated.
Artist Cancellation Rights
You may terminate your use of the Website at your sole discretion at any time. Thankster will close your member account and, if you request, will delete any Content or other materials relating to your submissions from any Thankster and Partner servers. It may take up to one week for your Content to be removed from all Thankster and Partner servers. If you take this action Thankster will have no liability to you or any third party for doing so. Additionally, if you terminate your use of the Website, Thankster will have no further obligation to provide license fees as otherwise mentioned in these Terms. Upon termination any license rights granted under these terms by both Thankster and Artist are terminated.
The Website IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES THE FACT THAT THANKSTER DOES NOT WARRANTY OR REPRESENT THAT THE THANKSTER AND PARTNER WEB SITES OR THE WEBSITE AND USE THEREOF WILL; (1) MEET YOUR REQUIREMENTS; (2) PRODUCE ANY LICENSE FEES; (3) WILL OPERATE AT 100% UPTIME; (4) WILL OPERATE IN A CONFIGURATION THAT SUPPORTS YOUR HARDWARE AND/OR SOFTWARE; (5) WILL OPERATE FREE OF COMPUTER SOFTWARE OR HARDWARE INACCURACIES, IRREGULARITIES OR ERRORS; OR (6) WILL DRIVE ANY THIRD PARTY USERS OR INTEREST TO YOUR GREETING CARD STOREFRONT. WITHOUT LIMITING THE FOREGOING, THANKSTER AND PARTNERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE WEBSITE OR ON SERVICES THAT MAY APPEAR AS LINKS IN THE WEBSITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE WEBSITE. THANKSTER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Thankster AND PARTNERS NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THANKSTER AND PARTNERS AND THEIR RELATED PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, PARTNERS, EMPLOYEES, ANY THIRD-PARTY PROVIDERS TO THE WEBSITE AND ANY OTHER THIRD PARTY USERS/LICENSEES OF THE WEBSITE, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS AND CONDITIONS OF USAGE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. FURTHERMORE, YOU MAY NOT SETTLE OR OTHERWISE RESOLVE ANY CLAIM WITHOUT THANKSTER'S EXPRESS WRITTEN PERMISSION.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Thankster AND PARTNERS WILL HAVE NO OBLIGATION OR LIABILITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE, PROFIT OR GOODWILL) ARISING WITH RESPECT TO YOUR USE OF THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY THANKSTER TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $200.
All notices required or permitted to be given under these Terms shall be in writing and delivered to the other party by either U.S. mail or overnight courier. If you give notice to Thankster, such notice shall be sent to the following address: 188 East 64th St,. Suite 3004, New York, NY 10065. If Thankster provides notice to you, Thankster will use the contact information provided by you in your member account. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, five (5) business days after dispatch, or (ii) if by overnight courier, on the date receipt is confirmed by such courier service.
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.
You and Thankster are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any dispute, claim or controversy between the parties arising out of or relating to these Terms or any use of the Website, except claims for injunctive relief, shall be resolved by arbitration conducted in New York City, New York before a single arbitrator who shall apply New York law and arbitrate in accordance with the rules of the American Arbitration Association. Judgment upon the award entered by the Arbitrator will be binding upon the parties and may be entered by either party in a court of competent jurisdiction. The parties agree, however, that they may seek injunctive relief only in courts governed by the laws of the State of New York. Any relief permitted to be brought in any court shall be venued in New York City, State of New York. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys fees
Additionally, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms or your use of the Website must be asserted individually. Notwithstanding anything to the contrary in this Section, Thankster may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. These Terms will not be assignable or transferable by you without the prior written consent of Thankster. These Terms contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. You and Thankster are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Website, provided that the Thankster may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Thankster agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Thankster, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Thankster in any respect whatsoever. You and Thankster agree there are no third party beneficiaries intended under these Terms.