Creative Fabrica – Designer Terms & Conditions
About these terms & conditions
When you (“Designer”) join as a designer and submit your work to Creative Fabrica (“Platform”), either via our website, email or any other channel to Creative Fabrica or Creative Fabrica’s staff, you automatically agree to these terms & conditions. You fully acknowledge the fact that as a designer you are bound by these terms.
If you do not agree with these terms and conditions, do not continue to use the website and/or upload products.
Any exceptions to these designer terms & conditions can be agreed upon between Designer and Platform. These exceptions are made via email and are binding as an addendum to these terms & conditions.
Ownership & Copyright
You agree that every item submitted is created originally by you OR you have acquired the full rights OR if you work on behalf of a author you have explicit permission from the author to put their work on Creative Fabrica. By publishing your work on Creative Fabrica we in no way take responsibility for the legality of those files and this will always be your own responsibility. In case a dispute is filed we might choose to temporarily or permanently remove your submission. We may decide to provide statistics & contact information to claimants.
Any purchase made by an customer is subject to our terms and conditions for customers. These terms and conditions will include a clause that keeps the intellectual property rights for the designs with you.
Limited License; Permitted Uses
By submitting your work you agree that Creative Fabrica has the right to sell and distribute your work in unlimited amounts as part of our subscription service. In addition you agree that we are allowed to sell single perpetual worldwide commercial licenses by default. You can always choose to turn off the selling of single lifetime licenses. We may choose to disclose the total amount of sales generated by your deal to partners or in promotions. You agree that your products are offered under the licenses as mentioned in the license section.
Duration & Cancellation
This agreement is for an indefinite period. Creative Fabrica has the right to cancel this agreement immediately without providing a reason. If such cancellation will happen any outstanding payments will be paid in full according to the normal payment cycle. As a designer you can decide to stop participation or remove products at any time. To guarantee proper continuation of our platform and services, your work will be removed within 3 months after cancellation.
Promotions & Advertisement
Creative Fabrica obtains the right to use your work in advertisements & promotion. This might be advertisement on social media channels (Facebook, LinkedIn, Twitter and more), paid advertisement channels such as Google Ads or Facebook ads, printed advertisement or otherwise. Under your work fall items such as your work, promotional texts and/or images.
Payments will always happen before the 10th of the month and the payout will always be the payout of the previous month. The payout is always 50% of whatever the amount is that Creative Fabrica receives, depending on the product and/or promotions. Creative Fabrica maintains the right to hold promotions, discounts or multi-licenses deals without explicit permission from designers up front. Payout for these promotions will happen via the regular channels (earnings will show up in your dashboard). While the payout for these deals will always be 50%, Creative Fabrica has the right to deviate from the payment schedule and scheme if necessary.
Chargeback & Refunds
In case a refund or chargeback happens the amount will be deducted from your earnings for that specific month. In case the payout for a certain month already occurred, Creative Fabrica will deduct the refunded amount for the current month. In case this results in a negative balance, this balance will be filled by new earnings until the balance reaches 0.
You agree to keep the earnings for your products, as well as any specific terms and conditions that are made between you and Creative Fabrica confidential. You may not share this information with third parties, competitors of Creative Fabrica or others, unless this is done for legal requirements or accounting purposes, or unless you have written permission from Creative Fabrica.
Features & Changes to our website
We reserve the right to make changes to our website or add/remove features at any time without prior notification. We reserve the right to make changes to our licenses, terms & conditions, cancellation & refund policy and other texts/licenses without notifying you. These changes will however always be published before they will have effect.
You hereby agree that you will indemnify and hold us harmless in full in any occasion where there are claims, claimed losses or expenses linked to your content, work or intellectual property.
Other agreements & terms
Creative Fabrica is not responsible for keeping copies of Designers work. It is the Designers responsibility to keep adequate copies of their work and related (promotional) materials. Accepting these terms and conditions will not render you an employee or give you other affiliation with Creative Fabrica. You shall be fully responsible if any claims arise, Creative Fabrica assumes no responsibilities in case of claims. This agreement and any disputes arising shall be governed in accordance with the law of the Netherlands by the courts of the Netherlands.
Creative Fabrica is non-exclusive. This means that you are allowed to sell your work on any site, store or marketplace and are allowed to participate in any bundle or deal.
Version 1.1 Latest update: 31/07/2017 – old terms can be found here.