Welcome to SolidPop, an online community and marketplace where independent artists, referred to as “Sellers”, can upload their art, design products displaying their art, and offer those products for sale to their customers, referred to as “Customers”. Our community is centered around entrepreneurship and creativity. We encourage all Users, including Sellers and their Customers, to be involved in every aspect of the community. This includes uploading and displaying art, designing products, offering them for sale, browsing art, purchasing products, giving feedback, writing reviews, interacting with Customers, participating in forums, and collaborating on projects.
We value the intellectual property rights of others, including copyrights, trademark rights, and publicity rights. Therefore, Sellers may only upload their original creations and only offer products for sale that display their original creations. If you are uploading or using something that you didn’t create yourself, you must have permission from the applicable rights holder who owns that content. This is an essential principle of the Marketplace.
By displaying your art on SolidPop, you are making it available for the world to see. You need to be aware that publishing your content in this way comes with important legal responsibilities. It is your responsibility to ensure you are not violating anyone’s rights or breaking any laws by using the Marketplace, including by publishing your content, offering your products for sale, and otherwise using or accessing the services that SolidPop provides in connection with the Marketplace (“Services”).
As a Customer of a Seller, please be aware that SolidPop does not prescreen or review all the User-generated Content or the Products offered for sale by Sellers. While we do not permit unlawful or unauthorized content on the Marketplace, we cannot guarantee that all of the content or products comply with this Agreement or the law. Sellers are responsible for their content and for possessing the applicable rights to the Products they offer. They are in the best position to respond to inquiries regarding their content and their products.
As a User, please respect the intellectual property rights of others and do not steal their art or anyone else’s. All Users should respect each other and the art they find here, and if you do so, you will help make this community a creative, inspiring, and enjoyable place.
The Services, include, but are not limited to, providing a that facilitates Sellers’ upload and publication of their Content on the Marketplace and their design, sale, offer for sale, distribution, marketing, advertising, and promotion of products that display their Content (“Products”) to their Customers and other Users; our team facilitates the interaction with the customer, so that the seller only has to focus on the design of their products. If a Customer decides to place an order for a Seller’s Product, then based on the Seller’s and Customer’s instructions, the Marketplace will forward the order information to an independent manufacturer and fulfiller, who will manufacture and ship the Product in the form specified by Seller and their Customer.
Content on the Marketplace may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by Users. Any Content that you upload into our platform via communication with us or using the provided tools, may be described as your “art”, “works”, “artworks” or “listings”. Your Content may be viewed by all Users of the Marketplace once you elect to publish.
Intellectual Property Rights and License
By uploading your Content to the Marketplace, you hereby grant Solidpop and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to distribute, host, transmit, store, use, reproduce, and publicly display, in any media formats and through any media channels, the Content you publish to the Marketplace in connection with Solidpop’s or its affiliates’ businesses’ promotion of the Marketplace, redistributing all or part of the Marketplace, and the provision of the Services, including but not limited to the facilitation of your activities and the activities of third parties that are required or contemplated by the functionality of the Marketplace or this Agreement, including but not limited to the third-party manufacturing, promotion, marketing, advertising, and distribution of your products and viewing and access by Users. The above licenses terminate within a commercially reasonable time after you remove or delete your Content from the Marketplace. The above licenses granted by you in any comments you publicly post on the Marketplace are perpetual and irrevocable.
Unless otherwise provided for in this Agreement, Licensor T&Cs or in a separate Agreement with a Licensor, you retain any intellectual property rights you possess in your Content.
All intellectual property rights, title and interest in the Marketplace (including the software and systems underlying the Marketplace, the Solidpop mobile app, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to Solidpop, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. Other than for the purposes of, and subject to the conditions prescribed under relevant intellectual property law throughout the world, and except as expressly authorized by this Agreement, you may not in any form or by any means: use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Marketplace; or commercialize any information, services obtained from any part of the Marketplace without Solidpop’s prior written permission. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the website or mobile app and you will not remove, obscure, or alter Solidpop’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the website or the mobile app.
If you use any of our trademarks or other intellectual property in reference to our activities, products or services, you must include a statement attributing that trademark to us. You may not use any of our trademarks in whole or as part of your trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services.
Disclaimers and Limitation of Liability
As a User, you are responsible for ensuring that your access to the Marketplace and your use of the Marketplace and the Services offered by Solidpop comply with applicable laws. It is your duty to ensure that your process for accessing the Marketplace or the Services does not expose you to any risk of viruses, malicious code, or any other forms of interference that may harm your computer system. We are not liable for any interference or damage to any computer system that may occur as a result of your use of the Marketplace, the Services, or any Linked Website. You acknowledge that Solidpop may not be able to verify the identity of other Users or prevent them from acting in a manner that may contravene the law.
The Marketplace and the Services are provided on an “as is” basis. We do not guarantee that the Marketplace, the Services, or any Linked Website will be error-free or virus-free. We do not guarantee that your access to the Marketplace or the Services will be uninterrupted.
You acknowledge that the Marketplace and Services may experience outages, faults, or delays, which may result from technical difficulties with our or another person’s software, equipment or systems, traffic, or technical difficulties with the internet or infrastructure failures.
We do not offer any warranties or representations regarding any Content uploaded to the Marketplace, including but not limited to its protection against loss, theft, misuse, or alteration by third parties. We do not guarantee that Content will be available on the Marketplace, or that Content will be available in whole or in part at any specific time. Solidpop is not liable to you or any third party for any losses resulting directly or indirectly from a failure to provide the Services, corruption or loss of data, errors or interruptions, any suspension or discontinuance of the Services, or any transmissions or Content of others that contravene this Agreement.
We are not responsible for any loss or damage, however caused (including through negligence), that you may suffer directly or indirectly in connection with your use of the Marketplace or the Services, including but not limited to publishing your Content, purchasing products from Sellers, or otherwise using the Marketplace, the Services, or any Linked Website, nor do we have any responsibility for any such loss arising out of your use of or reliance on any Content or other information contained on or accessed through the Marketplace or the Services.
WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES SET OUT IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKETPLACE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SOLIDPOP AND FULFILLERS SHALL NOT BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER SUFFERED BY YOU ARISING FROM THIS AGREEMENT, OR OTHERWISE BASED UPON OR RESULTING FROM THE MARKETPLACE, THE WEBSITE, THE MOBILE APP OR THE SERVICES.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but our liability will be limited for a breach of that condition or warranty to one or more of the following, which may be offered as a gesture of goodwill: the facilitation of the repair or replacement of the goods or their equivalent, the supplying of the Services again, or the payment of the cost of having the Services supplied again.