Sell Terms of Service

DFW Sellers Terms of Service

 

DFW is an automated web service that gives its clients the power to print their own bespoke fabric; a diverse group of people use to this platform to satiate their love for patterns and designs. It’s this common love for all things beautiful, customised and the personalised that binds them and forms the basis of the DFW community. And since you are reading this, we know that you love it too. It’s for you and others like you that DFW has designed this platform that gives you a chance to showcase your talent and earn a handsomely by selling it.

We have tried to make the site easy to use and access but this will only be possible if the terms and conditions are strictly adhered to. Before we list them, we would like you to understand the core value system of the DFW community.

Our triumvirate of values:

Respect and support for Intellectual Property Rights:

  • You cannot upload designs to DFW that you do not own or have permission to reproduce. This includes pictures, images, characters, motifs, etc. 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.
  • We can not determine whether or not you have legal permission to reproduce a design or a trademark.
  • It is completely your responsibility to understand the permissions associated with any design you upload.

Have you seen a design on our website that violates your intellectual property rights copyright, kindly notify us using the process described below.

Your design. You control: When you sign up as a community member for DFW, you give us the rights to reproduce and distribute the designs you upload (for complete list of actions outlined, visit the section titled Proprietary Rights. But at all times you retain both the copyright and control over your designs. We will not sell, share or reproduce your work except as necessary to run our service and our Website. We started DFW to empower creative people, not to take their advantage.

No offensive or inappropriate content: You are the best judge of your designs. We have complete faith in you to post designs that are appropriate for public in general. As you know, DFW website is used by people from all age groups and from across the globe. Hence, it is only right to post content that neither offensive not inappropriate. All designs are private by default but we reserve the right to make public designs private or to remove them altogether should we deem them unsuitable for our community.

.

Terms of Use

  1. Acceptance of Terms; Modification to Terms
  2. User Conduct
  3. Content
  4. Member Account, Password
  5. Terms and conditions of exclusive design 
  6. Privacy Policy
  7. Proprietary Rights
  8. Copyright Policy
  9. Warranty of Ownership and Non-infringement
  10. Indemnity
  11. Termination
  12. Links
  13. Deleting Designs Or Accounts
  14. Limitation of liabilities
  15. General

.

1) Acceptance of Terms; Modification to Terms:

Thank you for visiting Digital Fabric World. We are glad you choose DFW to satiate your cravings for customised fabric design. DFW provides its website and services (referred to as ‘Site’ henceforth) subject to the following Terms of Service (referred as ‘Terms’ henceforth).

By visiting 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.

Note: We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in DFW’s good faith reasonable judgment, DFW 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 [email protected].

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 DFW 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

  • The copyright and any other intellectual property rights that you may have in your Content are maintained when you decide to upload photographs, designs, drawings, text or other content (“Content”) to the Site.
  • The account settings that verify whether or not your Content can be sold or shared through the Site are kept by you.
  • DFW is required to be able to crop, copy, modify, reproduce, distribute and display your Content worldwide, so as to maintain and deliver the Site. These actions will only be performed to the extent necessary to deliver the Site.
  • When you submit Content to, or utilize DFW, you grant the site a royalty-free, non-exclusive, worldwide, transferable license to copy, modify, display, sell, distribute and generate derivative works of the Content and the properties created from or created on such Content so long as such process is an important step of the Site.
  • All Content uploaded to the Site will be available to the public by default, unless you specifically indicate that the Content is private. Content available for sale on DFW by agreeing to the terms of the Seller’s Agreement.
  • If you decide to make your Content public and/or available for sale on DFW, you may also choose to make the Content private at any time or take them off from sale.
  • By making your Content public, you give DFW the right to print or display your Content, including photographing products made from that Content, for use in resources used to help market the Site and the designers using the Site.

Beware: Google and other search engines also index public designs and the information displayed in public user profiles.

When you upload Content to the Site you warrant and represent that:

  • It is your lawful right to distribute and reproduce such Content.
  • Violation of any trademark, copyright, trade secret or other intellectual property right of any third party must not be partaken by the content.
  • The Content complies with all applicable federal, state, and local laws, regulations and ordinances
  • There is no invasion of any individual’s right of privacy or celebrity by the content
  • The Content is not indecent, unlawful, harmful, inflammatory, threatening, vulgar, abusive, harassing, obscene, defamatory, , pornographic, tortious, libellous, hateful, or racially, ethnically or otherwise objectionable

In using this Site, you also agree:

  • To not impersonate any person or entity or falsely state or otherwise misrepresent your association with any person or entity;
  • To not upload, download, email, post or otherwise communicate any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation;
  • To not upload, download, post, email or otherwise communicate any material that encompasses software viruses or any other computer code, programs or files intended to disturb, ruin or limit the functions of any computer software or hardware or telecommunications equipment;
  • To not upload, download, post, email or otherwise transmit incorrect or misleading information;
  • To not disrupt or inhibit with the security of, or otherwise abuse, the Site, or any services, system resources, servers, accounts, or networks connected to or accessible throughout the Site or linked or affiliated websites.
  • To not access, tamper with or use non-public areas of the Site. Individuals who are unauthorized and attempt to access these areas of the Site may be subject to prosecution;
  • To not interrupt or interfere with another user’s enjoyable usage of the Site or affiliated or linked Web sites;
  • To not collect or store personal information about another user using the Site.

Disputes with Others: If a dispute should arise between you and another user or a third party, DFW advises you to contact the user or third party to take care of the dispute cordially. You may report such disputes with other users to [email protected]. Although DFW does not guarantee that it will follow a certain action on your behalf, you may also report, if appropriate, a dispute to law enforcement, the postmaster general, or a certified mediation entity, as and when applicable.

You hereby release DFW (and DFWs officers, subsidiaries, agents, joint ventures, employees and directors) 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 associated with clashes with one or more users, or an outside party.

 

3) Content

You concede that DFW is an automated web service that gives you the authority to upload, display, offer for sale and/or print your individual designs as a one-of-a-kind fabric. Considering the automated nature of our service, DFW is unable to review all Content uploaded to the Site. Nevertheless, DFW and its designees shall have the right (but not the obligation) in their sole discretion to review and to reject or eliminate any Content that is made available via the Site. When any order is placed through the Site, or designs are made available for sale, you acknowledge that DFW may review the Content it contains for observance to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, DFW and its designees shall have the right to decline to fulfil any order for any reason and to remove any Content that violates the Terms or is otherwise objectionable to us. DFW shall have at its exclusive discretion, the right to remove Content and/or suspend user accounts that violate these Terms or DFW policies. DFW from time to time, reserves the right to amend the Terms and its policies described above, at its sole discretion.

You concede and agree that you alone are responsible for the conception and compilation of your Content, and that neither DFW nor any other party involved with the production of any product integrating such Content, including but not limited to fabric assumes that accountability. DFW’s creation of any product depicting your Content shall be in accordance with your order and specification and DFW shall purely function as a printer of those products. DFW’s creation of any product illustrating your Content, including but not limited to fabric, does not specify that DFW 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.

Posting Content on DFW and choosing to make it public, allows other websites or parties to be able to copy and re-post that Content. This includes but is not limited to, approved third-party websites that have access to the Site through its application program interface (API) (discussed in Privacy Policy section below). You concur to hold DFW harmless for any dispute regarding this use. By choosing to display any DFW-hosted image on any other website, the image must include a link back to its listing section on DFW.

You hereby agree to waive any claims that go against DFW and its affiliates, this collectively as “Representatives” includes agents, contractors, third party service providers and employees for damages, losses, and injuries that are grounded on or that are related to communications or materials that are made available to or are posted on the Site. This also consists of other Content by users and persons other than DFW or its Representatives.

 

4) Member Account, Password

You will receive an email which confirms the initiation of a new DFW account if you register on the Site. The responsibility for preserving the confidentiality of the password and account is yours. This includes full responsibility for all activities that take place through your password or account. You agree to (a) instantly notifying DFW of any unauthorized use of your account or password or of any other breach of security, and (b) confirm that you sign out from your account once the session ends.

You warrant and represent that all contact and personal information provided to DFW during your registration process and otherwise shall be exact and complete. You must promptly update your registration information with DFW as soon as there are any changes made to your contact information.

 

5)Terms and Conditions of Exclusive Design 

  • The below mentioned Terms will be applicable for designs that are purchased under the ‘Exclusive Category’
  • Until a customer chooses to buy the Exclusive rights of a particular design, it will be available for standard purchase. And until then, the standard terms of use will be applicable.
  • Once a customer purchases the design with its Exclusive rights, the designer will have to ensure its removal from all other shops, stores and marketplaces across the globe online or offline
  • You will receive 60% commission when a customer purchases the Exclusive rights of a design. This commission is a one-time commission and will be rolled out in the upcoming cycle.
  • Although, when the customer (who has purchased the Exclusive rights of the design) reorders the prints in the future, the designer will, each time, receive 10% commission on the fabric value. 

 

6) Privacy Policy

We, at DFW, consider your privacy of utmost importance. We gather and store personal information when you register, surf through the Site, make purchases and sell Content. We will not sell or disclose your personal information (as stated in the Privacy Policy) to third parties without your explicit consent, except as provided in DFW’s Privacy Policy. In using the Site and accepting these Terms, you clearly consent to DFW’s usage of your personal information (including using email for communication with you) as explained in the Privacy Policy, which is included herein by reference.

As provided in the DFW’s Privacy Policy, you acknowledge and concur that in the event DFW receives an objection declaring that your Content infringes the intellectual property right of another (the “Rights Owner”), then DFW shall have the right, in its discretion, to provide the Rights Owner with your name and contact information as well as material regarding the Content and the use or sale of the Content through the Site. You hereby agree for the disclosure of information to a Rights Owner

and to waive any claims against DFW and its Representatives. Without limiting the foregoing, you acknowledge and agree that DFW may protect Content and also may divulge Content or information, inclusive of your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is judiciously necessary to: (i) obey legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of DFW , its users and the public. We may also, if necessary, disclose personal information, to investigate or prevent violations of these Terms if illegal activity is suspected, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with DFW. By using the messaging features on the Site you consent that the recipients of the messages will be disclosed your screen name, this includes the Thank you notes sent by designers to buyers of their fabrics. Personal information regarding other DFW users in a way that is inconsistent with DFW’s Privacy Policy or to harass, intimidate, threaten or demean any other user is not allowed. If you do so you would be violating the terms of this Agreement, and DFW may terminate your account. You may report messages that violate these Terms to [email protected]. DFW, however, cannot guarantee that it will carry forward any particular action on your behalf. You may also appropriately report threatening or harassing messages to law enforcement.

If you choose to make your profile public. Your name, screen name and about your self will be displayed on the site to other users. For any damage incurred due to use of personal data posted in a public profile or public designs on the Site, DFW will not be liable.

To improve and market our service, DFW sets and accesses cookies to keep track of login status, and also by working with third parties like Google to collect anonymous data. To change cookie preferences, you may please refer to your browser's "Help" menu. Please also refer to our Privacy Policy or more details on how collection and storage of data takes place.

 

7) Proprietary Rights

Except for your Content, you acknowledge and agree that, 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 DFW, or its Representatives (“Site Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, shall belong to DFW and as between you and DFW. You may not use, reproduce or issue any Site Content without the authorization of the owner of such Site Content, except for when the uses are 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, protected by intellectual property and other laws applicable. DFW owns all such Software and the Site and you agree to not to modify, lease, rent, loan, distribute, sell, reverse engineer or create in whole or in part, th derivative works based on the Site or the Software.

 

8) Copyright and Other Intellectual Property Policy

DFW values the intellectual property rights of others and ask the same of our members. In its exclusive discretion, DFW may dismiss the accounts of users it believes may be infringing others copyright, trademark or other intellectual property rights.

To respond promptly to claims of infringement is DFW’s policy.

If you are a Rights Owner and you want a material to be removed because you believe in good faith that your copyrighted material has been posted on the Site in violation of any applicable rights or licenses, you must send a email at [email protected].

 

9) Warranty of Ownership and Non-infringement

YOU warrant and REPRESENT THAT YOU ARE THE sole OWNER OF THE CONTENT WHICH YOU SUBMIT. YOU also warrant and REPRESENT THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (E.G. COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU 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.

 

10) Indemnity

You agree to indemnify, defend and hold DFW and DFW’s employees, officers, directors and other Representatives harmless from all losses, judgments, liabilities, awards, costs and expenses, that include but are 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.

 

11) Termination

You concur that DFW, 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. DFW 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 also agree that DFW is not liable to you or any third-party for the termination of any of your access to the Site.

 

12) Links

The Site, or third parties may provide, links to other Web sites or resources. you acknowledge and agree that DFW does not hold responsibility for the accessibility of such sites or resources because DFW has no control of such sites and resources. DFW also does not endorse and is not chargeable or responsible for any content, advertising, products or other materials on or available from such sites or resources. For the use of or reliance on any such content, goods or services available on or through any such site or resource, you further acknowledge and agree that DFW shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection of the aforementioned.

 

13) Deleting Content Or Accounts

If you wish to terminate your DFW account, please contact us and send in a request for the same.

If you make a choice to delete Content from the Site, it will be rendered unavailable or invisible on the Site. For backing up and protecting our database and Web site or for other administrative purposes, we may retain copies of Content in our archives to the extent required by our systems. In order to fulfil an order, we preserve a copy of the Content, if you make Content available for sale to others and it is bought before you delete it, the Content is kept in order to be able to fulfil the order. We do not use backup copies of deleted Content except as provided herein.

If you undergo deletion of your account, DFW will withhold at its discretion your personal information as long as is reasonably required to fulfil the purposes for which it was collected. DFW however, does not keep in hold residual rights to deleted or retired work other than those outlined above.

 

14) LIMITATION OF LIABILITY

YOU EXPLICITLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL DFW OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. YOUR ONLY ALTERNATIVE IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE SITE, IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE. IN CASE ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR RECOURSE AND DFW’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS BY DFW UPON DETERMINATION OF SUCH DEFECTS, AND REFUND OF ANY AMOUNTS PAID BY YOU TO DFW FOR SUCH DEFECTIVE PRODUCTS. SOME OF THE ABOVE MAY NOT BE APPLICABLE TO YOU since SOME JURISDICTIONS DISALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Hence 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. In case of delay it will be forever barred.

 

15) GENERAL

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, the 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.

DFW holds no liability for any failure or delay resulting from any condition beyond the reasonable control of DFW. This includes but is not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.