Designer Agreement

 

This agreement covers the relationship between you as a Designer and Pamit Cards which is owned and operated by Pamit Inc. A corporation registered in the Province of Nova Scotia, Canada.

 

By accepting this agreement and using our software and website you agree that are you bound by the terms set out below. These terms create a binding contract whereby you as a designer can sell your cards and we will provide our service for you. If you have any questions or concerns about this document please contact us.

 

Your use of the service supplied by Pamit Cards is based on your acceptance and compliance with these terms and all applicable laws and regulations. If you do not agree with these terms, you should not access our site or service.

 

Pamit Cards reserves the right to amend, add to or update these Terms as deemed neccessary. Please refer to the date at the end of the document for the latest change date. If we make changes to this document we will also email you to update using the email address that you have registered with us.

 

Designer Account

 

Once you have registered an account with us you will be able to access our service with your own unique user id and password. You should protect and maintain the confidentiality of your account login details. Your login details will be unique to your account and all activity related to your login details is deemed to be your responsiblity. You should contact us if you ever think your account details have been compromised or your account has been accessed by someone else. You should also make sure you logout from our service and keep your computer and browser software upto date with the latest updates and security patches. Pamit Cards strives to ensure your account is secure and data remains confidential, we do not share or sell any of our data with any third parties.

 

Intellectual Property

 

Pamit Cards by providing this service allows you to create and display greeting cards that can be personalized online. By creating designs you are agreeing to allow them to be sold using this service. For each card sold you will receive a commission (see Commission section below). By uploading and creating designs you agree that all content used to create your designs including all graphic, photographic or text is your own content. The content you upload (your designs) will then be availble for sale and will be featured on our website. You also agree to grant Pamit Cards the right to use your designs, to advertise and market the service which may include your designs and other designs to promote the sale of greeting cards.

 

Pamit Cards will give credit to designers of greeting cards by showing the designers logo / signature prominently on the design of the card.

 

Commissions

 

For each single greeting card sold the designer of that card will receive a commission based on that sale. Initial commission level per greeting card sold is fifty cents (CAD $0.50). We plan to offer higher levels of commission based on a number of factors. As soon as commission levels are available we will communicate them to you. For volume orders commissions are capped up to a maximum of 50 cards sold per order, earning you CAD $25 commission for all orders of the same design of 50 cards or more in the same order. Commissions earned per card sold will be held in your designer account until they reach a total value of twenty five dollars (CAD $25), once they have reached this level you will be able to withdraw your commission either to your PayPal account or request a cheque. We will look to introduce other payment methods to ensure that you receive your payments quickly and with the minimum of administration fees for Pamit Cards and yourself.

 

All designers are responsible for paying any income tax or other tax as required for receiving commission payments from Pamit Cards as applicable based on their residence and local / Provinicial / State and Federal laws may apply.

 

You represent and warrant to Pamit Cards that, in your use of our Service:

 

* You are of legal age to form a binding contract in the jurdisction of your country of residence whether inside or outside of Canada.
* You will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party
* You will comply with all applicable laws, rules and regulations
* You 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
* You understand that Pamit Cards 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 Pamit Cards incurs in providing the Service
* You 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
* You will not copy another artists designs and content wherever that content may exist.
* If you use stock photography or images you warrant that you are responsible for following the terms of use and licensing rules for that content and that you have the rights to use the stock photography or images for the design and sale of greeting cards.

 

Pamit Cards will moderate and approve all content before it is made available online. Although this process will check the content of the design any legal implications for misuse of creative work will be your sole responsibility as the designer of the greeting card.

 

If we become aware of any misuse of our service or the content of designs, we will do our best to resolve and rectify the situation by contacting the designer and if necessary removeing previously approved designs from the site. Pamit Cards also reserves the right to terminate the designer account and use of the service.

 

Designer Conduct

 

Your use of our service is subject to applicable local, state, provincial, federal and international law. Users of our service may not use the service to process prohibited content, or to transmit to or through our service 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 our service. 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 Service for any unlawful or illegal purpose
* 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 Pamit Cards 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 our service;
* 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 our service or servers or networks connected to our service
* Intentionally or unintentionally violate any applicable local, state, national or international law.

 

Termination

 

Pamit Cards may terminate, at its sole discretion, any designer of greeting cards for any reason especially if Pamit Cards feels such Content violates Intellectual Property and Ownership Rights of Pamit Cards or other third parties as discussed in these Terms or the conduct of any user of the Service is in violation of these Terms. You will be bound by these Terms indefinitely unless Pamit Cards terminates you as a user of the Service or otherwise terminates these Terms.

 

You may terminate your use of our service at your sole discretion at any time. Pamit Cards will close your designer account and delete any Content or other materials relating to your designs from our servers. It may take up to 24 hours for your Content to be removed from our servers. If you take this action Pamit Cards will have no liability to you or any third party for doing so. Additionally, if you terminate your use of our service, Pamit Cards 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 Pamit Cards and Desisgner are terminated.

 

Disclaimer

 

OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES THE FACT THAT PAMIT CARDS DOES NOT WARRANT OR REPRESENT THAT THE WEB SITES OR THE SERVICE AND USE THEREOF WILL; (1) MEET YOUR REQUIREMENTS; (2) PRODUCE ANY COMMISSION; (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 CARDS. WITHOUT LIMITING THE FOREGOING, PAMIT CARDS SPECIFICALLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SERVICE OR ON SERVICES THAT MAY APPEAR AS LINKS IN THE SERVICE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICE. PAMIT CARDS 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 PAMIT CARDS ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

 

Indemnification

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PAMIT CARDS AND THEIR RELATED PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, PARTNERS, EMPLOYEES, ANY THIRD-PARTY PROVIDERS TO THE SERVICE AND ANY OTHER THIRD PARTY USERS/LICENSEES OF THE SERVICE, 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 SERVICE, 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 PAMIT CARDS EXPRESS WRITTEN PERMISSION.

 

Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED UNDER LAW, PAMIT CARDS 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 SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Miscellaneous

 

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 Province of Nova Scotia without reference to conflict of law principles. These Terms will not be assignable or transferable by you without the prior written consent of Pamit Cards. 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 Pamit Cards 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.

 

 

Last updated 15-Nov-2010