Youthcanvas.com™ is set to make things simpler better for you as should be the case for all new services that start around us. We are here to help you host your creativity in front of the world, that we bring to you. You shall display your art, put them on products of your choice, sell the products and art prints to those who are willing to buy, collaborate with other artists and collect art meanwhile too. Youthcanvas.com™ is the destination of creativity and collaboration in art.
In order to keep this dream going as we all intend it to, it is essential for us to all adhere to a few standards we set among ourselves. These standards shall let all users respect the intellectual property rights of others, including copyright and trademarks. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on Youthcanvas.com™. Respecting other people’s intellectual property is an essential principle of Youthcanvas.com™’s community.
Putting up your artwork on display for the world to look at creates a certain amount of legal responsibilities you shall need to take up. It is up to you to make sure you are not breaking any laws by publishing your work via Youthcanvas.com™.
Help us make Youthcanvas.com™ an artist community that prospers with you and becomes vibrant with more art each day by respecting each other and each other’s art.
Please go through the agreement below, which is a basic guideline for all users to abide by. If at all you do not agree with any of the pointers mentioned below, please do not join Youthcanvas.com™.
All visitors (“user”, “you”, “your”) to the Youthcanvas.com™ website at www.Youthcanvas.com. (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and either or both of Youthcanvas.com™ OR Youthcanvas Creative Solutions Private Limited ( “Youthcanvas.com™”, “we”, “us”, “our” refer to either Youthcanvas.com™ or Youthcanvas Creative Solutions Private Limited or both as the context requires) and use of this website indicates continued acceptance of this agreement.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Youthcanvas™ website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Youthcanvas™ reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Youthcanvas’s notice or if it is discovered that you are under the age of 18 years.
Amendment to this agreement
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Youthcanvas.com™ or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
Youthcanvas™ provides a range of services which entails the usage and display of digital content on the website (“content”) like information, text, data, graphics, images, photographs, or any other material posted online by users. Any content that you upload into the portfolio section or has been uploaded by you using the page (Manage Artwork) page from your account is described as your “art”. This art of yours is available to be viewed by any user online. You may order a physical product based on your own art or you may offer your art for sale on any of these products. Products are merchandise that artworks are printed on. They can be Tshirts, Mugs, Laptop skins, Mobile Phone covers, Prints – paper or canvas and so on inclusive of all additions to this line that can be made in the same segment by Youthcanvas.com™. Among other services provided by Youthcanvas.com™ is the provision of Collaborative boxes that shall allow you to put up collaborative artwork between you and multiple other artists that you choose to collaborate with and share your sales with from the art in that box. Youthcanvas.com™ allows you to get in touch with other artists through the “Get in touch” feature in the Portfolio page of artists. You shall be able to get in touch with other artists, if they allow it, to collaborate with them, allot projects to them or just to get in touch with them for any queries. We advise you to use this very carefully and responsibly. If at any instant you feel you do not wish to allow anyone to get in touch with you please turn the feature off in your portfolio. Youthcanvas.com™ shall not be liable for any displeasure, discomfort or legal mishap between users who choose to get in touch with each other.
You can become a registered user of the website by setting up a password protected account through the Login feature of Youthcanvas.com™. You will be required to select a username and password when registering to become a member. . You may also login through your social id’s (Facebook, Gmail). You must become a member before placing any content on the website or creating your portfolio. In its sole discretion, Youthcanvas.com™ may refuse any particular username to be used or disallow any person from becoming a registered user of the website.
You are responsible for actions made on the website using your account having your last set unique combination of Username and Password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
Any registered user on Youthcanvas.com™ who creates their portfolio by adding their works on Youthcanvas.com™ shall be termed as Artists/Designers throughout this agreement.
Any registered user on Youthcanvas.com™ who posts their job/project listing on Youthcanvas.com™ shall be termed as Recruiters throughout this agreement.
Any registered user on Youthcanvas.com™ who makes any purchase by making an online payment on Youthcanvas.com™ shall be termed as consumer throughout this agreement.
Putting content on Youthcanvas.com™
You keep the copyright in any content you submit or upload to the website. In order to receive the Youthcanvas.com™ services you grant Youthcanvas.com™ a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the website you represent and warrant that:
you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
your use of the website will comply with all applicable law, rules and regulations;
the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Youthcanvas.com™ reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Youthcanvas.com™ in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Offering art for sale
Any member may offer their art for sale on the website by appointing Youthcanvas.com™ to facilitate the transaction on the terms set out in the Services Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Services Agreement in Appendix A, which will apply from the date on which you create an account with Youthcanvas.com™ with a Username and Password, and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.
Purchasing a Product on Youthcanvas.com™
Users can purchase products on the Youthcanvas.com™ website using a valid credit card/internet banking /Debit Cards or the PayPal system.
The price you pay is fixed at the time of ordering.
It is the customer’s responsibility to ensure the product delivery address is correct. Youthcanvas.com™ takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
Paying you after your art is sold
Payment terms are explained in the Services Agreement. (refer Appendix A)
You Instruct Youthcanvas.com™ to cancel incorrect orders
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.
We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customer’s credit card or PayPal account for the amount in question.
Delivery will be facilitated pursuant to your instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Youthcanvas.com™ will include shipping charges which will vary depending upon the size and price of the product.
If a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way (for example, a file does not download, a framed print has cracked, or there are loose or torn pages in a book) Youthcanvas.com™ will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.
If you receive a damaged product, then you must email Youthcanvas.com™ customer service within 14 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you.
Please be aware that publishing to the website is creator-controlled and we do not screen all of the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
You grant Youthcanvas.com™ permission to dispose of any inventory that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit. The artist will not get paid for this excess inventory.
Reporting inappropriate content to Youthcanvas.com™
Youthcanvas.com™ does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Youthcanvas.com™ reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the "report this work as inappropriate" link that will be displayed beside each piece of art.If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint by using the processes described in our policy (please refer Appendix B)
You must ensure that your access to this website and the service of Youthcanvas.com™ is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the Youthcanvas.com™ service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the Youthcanvas.com™ service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Youthcanvas.com™ service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.
Intellectual Property Rights and license
By submitting listings to Youthcanvas.com™, you grant Youthcanvas.com™ a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with Youthcanvas.com's (and its successors' and affiliates') services and business, including without limitation for promoting and redistributing part or all of the Youthcanvas.com™ site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Youthcanvas.com™ site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Youthcanvas.com™ site
All intellectual property rights in this website and the Youthcanvas.com™ service (including the software and systems underlying the Youthcanvas.com™ service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation 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 this website; or
Commercialize any information, products or services obtained from any part of this website, without our written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own 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 (including this website).
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
You acknowledge that the Youthcanvas.com™ service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not represent or guarantee that the Youthcanvas.com™ service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Youthcanvas.com™ service or these websites will be uninterrupted.
We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. 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:
If the breach relates to goods:
The replacement of the goods or the supply of equivalent goods;
The repair of such goods;
The payment of the cost of replacing the goods or of acquiring equivalent goods; or
The payment of the cost of having the goods repaired; and
If the breach relates to services:
The supplying of the services again; or
The payment of the cost of having the services supplied again
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, and if applicable, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
Your breach of any clause of this agreement;
any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
Your activities in connection with the website.
Your usage of the Youthcanvas.com™ service mentioned under the subsection “Our Service” in this agreement
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Security of information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the Youthcanvas.com™ service, will be exclusively resolved under confidential binding arbitration held in Mumbai, India. All disputes will be resolved in accordance with the laws of the Jurisdiction of the Mumbai High Court, without regard to conflicts of law principles.
You and Youthcanvas.com™ agree to submit to the personal and exclusive jurisdiction of the Courts of Mumbai, Maharashtra, India for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Youthcanvas.com™ may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Youthcanvas.com™ agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Youthcanvas.com™ agree that any cause of action arising out of or related to the Youthcanvas.com™ site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
If you have a dispute with one or more users or sellers, you release Youthcanvas.com™ (and Youthcanvas.com™'s officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
APPENDIX A - Services Agreement
You wish to use Youthcanvas.com™’s services to facilitate marketing and sale of your art and to arrange for manufacture and delivery of a physical product (“your product”) once an order has been made through www.Youthcanvas.com™ ("the website"). Youthcanvas.com™ will provide the services on the terms set out in this Services Agreement.
(The terms “Youthcanvas.com™”, “we”, “us”, “our” refer to either Youthcanvas.com™ Ltd or Youthcanvas.com Inc. or both as the context requires.)
1.1 Youthcanvas.com™, acting as independent contractor under your instructions will market to and obtain orders from customers for the purchase of your products over the website and on instruction from you, Youthcanvas.com™ Inc. will arrange for third parties to fulfil those orders by facilitating payment for, manufacture of and delivery of your products (“Services”).
1.2 Youthcanvas.com™ will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Youthcanvas.com™ is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
2. License and standing instructions
2.1 You grant Youthcanvas.com™ a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
2.2 You hereby instruct Youthcanvas.com™ Inc. to facilitate payment, manufacture and shipping in respect of orders for your product(s) via the website and Youthcanvas.com™ Inc. will facilitate such payment, manufacture and shipping in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.
3. Sale of your products
3.1 The retail price charged to customers who purchase your product is made up of the manufacturing fee charged by the third party manufacturer, Youthcanvas.com™’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Youthcanvas.com™’s fee are referred to collectively, and inclusive of tax, as the “base charge”), your creator margin (“your margin”), and any relevant tax (such as Sales Tax, GST, VAT, etc). Shipping charges will also be added. When making each individual work available for sale you are able to select any percentage premium/markup you wish, greater than or equal to 0, above the base amount.
3.2 You may change the percentage premium/markup on top of the base amount at any time by changing your selection on manage artwork page. We may change the base amount at any time without specific notice to you and this will affect the Rupee value of your premium/margin, which is calculated as a percentage of the base amount (e.g. if we increase our base amount, your premium/margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website.
3.3 Youthcanvas.com™ shall be in touch with you via email and/or phone to keep you apprised of all important events related to your account.
3.4 You agree that Youthcanvas.com™ makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
3.5 All items purchased from the website are manufactured and delivered pursuant to arrangements with third party suppliers under your instructions. This means that title and risk for loss for such items pass from you to the purchaser without passing through us.
4. Youthcanvas Connects
4.1 For Recruiters
Artists and designers on Youthcanvas.com™ can be contacted via the website through “Youthcanvas Connects”. You can submit your requirement with us on the Connects page ( www.youthcanvas.com/connects ).Once your requirement is submitted it will be visible to the Artists/Designers on the projects page (www.youthcanvas.com/projects ) and the interested Artists/Designers will then apply to take up the project. You can then take a look at their portfolio and shortlist their portfolios. Once you shortlist Artists/Designers we shall put you in touch with them via email. (For Payment Terms, please refer 5.3 of this Service Agreement)
4.2 For Artists/Designers
Youthcanvas.com™ shall get you in touch with individuals and businesses who might have projects or jobs for you if you choose to be contacted. We request you to regularly check the projects page (www.youthcanvas.com/projects ) and apply for the projects. Once you show interest in taking up the project, your portfolio will be shared with the recruiter and if the recruiter is interested we shall directly connect you with them through email (please make sure you have shared your correct email id with us). In order to get the best of the community culture to the industry, kindly regularly check your mailbox and promptly revert to connection e-mails so the faith of businesses stay aligned with you and the community of Youthcanvas™.
5. Payment Policy
5.1 Payment terms for Artists/Designers
You authorize Youthcanvas Creative Solutions Private Limited to collect, hold and distribute the retail price and shipping charges ("sale proceeds") from customers on the terms set out in this clause.
You authorize Youthcanvas Creative Solutions Private Limited to store account details including account number, account type and phone number to ease out your monthly payouts.
You authorize Youthcanvas Creative Solutions Private Limited to deduct the base amount and the shipping charges from the sales proceeds for your products before distributing your premium, and tax where relevant, to you.
The total premium (margin) earned by you will be reflected in your monthly payment statement only after the successful delivery of the order (this usually takes around 8-10 days after placing an order)
Statements are generated on every 24th day of the month.
If the total payable amount in the statement (after tax deductions) exceeds Rs. 500 , we will initiate the transfer process and the payments shall appear in your bank account within 5-7 days. Note that delays by 3-4 days are normal, and recent changes to your Account Info may delay your deposit by 3-4 business days.
However, if you want the money before the due date or if the total payable amount (after tax deductions) is less than Rs. 500, you can always request for an early payout. You will be levied a convenience fee of Rs. 25 for every such requests.
Your statements are available for viewing at the link below.
It is your responsibility to ensure Youthcanvas™ always has the correct and updated details of your bank account. Youthcanvas™ will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your premium/margin for up to 12 months from the payment date. If you have not notified Youthcanvas™ of any amendment to the payment method details in that time, you authorize us to allocate your premium/margin proceeds as per our choice.
5.2 Payment Terms and Facility for Consumer
Your online transaction on Youthcanvas.com™ is facilitated through a third party payment service. All credit card and debit card payments on Youthcanvas™ are processed through secure and trusted payment gateways managed by leading banks. Banks now use the 3D Secure password service for online transactions, providing an additional layer of security through identity verification.
Our Payment service provider accepets VISA, MasterCard, Maestro and American Express credit/debit cards.
Apart from Credit and Debit Cards, Our Payment service provider accepets payments by Internet, Equated Monthly Installments (EMI), Payumoney wallet.
We DONOT offer payment through Cash on Delivery.
In case your money is deducted and somehow it didn’t get confirmed at our end, we request you to wait for 3-4 days to get the money transferred back to your account.
In case you do not receive the money in 3-4 days write us at firstname.lastname@example.org
5.3 Payment terms for Recruiters
Youthcanvas connect is a paid service and is chargeable as following and is to be paid by the recruiter (through cheque/Electronic transfer) after the fulfilment of the service.
Package 1: (Recruitment)
Charges: 8.34% of the CTC
Package 2: (on Project basis)
Rs. 5000 or 15% of the total project cost (whichever is higher)
6. Shipping Policy
We currently deliver only in India.
There is a shipping charge that will be charged on each product.
The shipping charges vary with the product and are displayed on the product page along with the selling price of the product.
Estimated shipping time is displayed on the product page. Most of the shipment is made within the time specified on the product page; however, there might be delays in some cases under certain circumstances.
7. Cancellations, Refunds and Returns Policy
A consumer is eligible to cancel or return an order only in the following two cases:
If the consumer cancels the order within 2 hours of placing an order - Consumer can make a cancel request by clicking on the cancel button on the “My orders” page.
If the consumer receives a defective/damaged product- Consumer can make a return/cancel request by sending us a mail at email@example.com
All eligible cancel requests will be processed within 48 hours and the refund for the same will be initiated within 2-3 days and transferred through the same mode as it was used during the payment.
A user can request for a return within 7 days of the delivery. All return requests will be examined by Youthcanvas™ order team to find out if the request is genuine. It usually takes 3-4 days to examine the request. Once the request is approved by the Youthcanvas™ order team, the return request will be processed immediately and you can track your order on “My Orders” page
All eligible refund and return requests will be processed within 8-10 days.
8. Taxation responsibility
8.1 Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include sales tax, VAT, GST and other transactional taxes.
8.2 You will indicate to us on the website whether you are registered for Goods and Services Tax (GST) or similar taxes. If you are required to add GST to your products, that amount will be added to the price charged to the customer. We will collect that amount on your behalf and distribute it to you with your margin using the payment method you have selected on the website.
8.3 If you are a resident of India, Youthcanvas.com will collect VAT on your behalf on the artist margin portion of your sales at a rate of 5% for all sales of goods. Any and all VAT reporting and remittance responsibilities by you to relevant tax authorities, in excess of this withholding are entirely your responsibility.
8.4 If you are a resident of the UK or EU, Youthcanvas.com™ will collect and remit to HMRC VAT on your behalf on the artist margin portion of your sales at a rate of 20% for all sales of goods manufactured in the UK or EU and sold into the UK or EU. Any and all VAT reporting and remittance responsibilities by you to relevant tax authorities, in excess of this withholding are entirely your responsibility.
8.5 For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
9.1 You hereby indemnify and will keep Youthcanvas.com™ indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
9.2 This clause 9 will survive the termination of this Services Agreement.
10. Limitation of liability
10.1 In no case will Youthcanvas.com™ be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
11. Terminating this agreement
11.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.
11.2 Youthcanvas.com™ may give notice of termination of this Services Agreement to you in writing at any time.
11.3 After notice of termination in the manner described in either clause 11.1 or 11.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.
11.4 Upon termination of this Services Agreement by either party, Youthcanvas.com™ will pay you any accrued member margin proceeds from your account.
12. Refer and Earn Campaign
These Youthcanvas.com™ Refer and Earn Program Terms and Conditions are in addition to the Youthcanvas.com™ Terms and Conditions to which you also agree by using the Youthcanvas.com™ website. To the extent the Youthcanvas.com™ Terms and Conditions are inconsistent with these terms, these terms will control with respect to the Youthcanvas.com™ Refer and Earn Program only.
For you to receive a referral bonus for inviting a new Youthcanvas.com™ member,
1. You must have a valid account on Youthcanvas.com™ website
2. The designer you refer must be a Graphic Designer or an UI Designer.
3. The designer you refer must click on your referral link and successfully complete the Youthcanvas.com™ signup process. (You can find the referral link in your Account Page)
4. The referred designer who registered the new account must be new (and not a returning or existing) Youthcanvas.com™ designer. We will determine in our sole discretion whether the designer is new to Youthcanvas.com™
5. The referred designer must create his/her portfolio and share atleast five of their works with Youthcanvas™; and
6. An user can earn a maximum of Rs. 1000 through this campaign
You will receive your referral amount as Paytm Cash within 7 days after the new Youthcanvas.com™ designer updates his/her portfolio into your Paytm account associated with the phone number that you have shared with us.
You can update your phone number by editing your profile information on your portfolio page (www.youthcanvas.com/portfolio)
We may terminate your eligibility to earn Paytm Cash or terminate your account, or the accounts of Youthcanvas.com™ members you refer, if you or the referred designer take any of the following actions:
1. Open multiple accounts, including with different e-mail addresses, for the same person in order to generate additional referral bonus;
2. Use false names, impersonate other people, or otherwise provide false or misleading information to us
3. Upload false Artworks/Screens in order to generate referral bonus
4. Violating any of the Youthcanvas’ Terms and Conditions;
We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change these terms, including without limitation: changing the amount of the referral bonus, modifying how you may earn and spend referral credits, instituting maximum amount of referral credits that you may earn, and discontinuing the Youthcanvas.com™ Refer and Earn Program entirely. We will post an updated version of these terms on the Youthcanvas.com™ website, and you will be deemed to have accepted such changes by continuing to use the Youthcanvas.com™ website or the Youthcanvas.com™ Refer and Earn Program after the date such changes are posted.
APPENDIX B - Intellectual Property and Publicity Rights
Youthcanvas™ is a community built on respect and recognition of artists. We ask, rather we beg, that you remember this when you are posting work on Youthcanvas.com™. If you make sure that all the works you upload consist of your very own, original ideas and are not infringing on the intellectual property or publicity rights of another, you will help us foster the supportive and creative environment that is Youthcanvas™. AND, besides being counter to all that Youthcanvas.com™ stands for, stealing other people’s work and passing it off as your own is against the law:
There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking…
Law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.
Law protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.
3. Publicity Rights
It protects an individual’s name, image and likeness. Basically this means you can’t use someone else’s identity, to your commercial advantage, without their consent.
4. A note on fair use
You might be able to incorporate someone else's copyright or trademark into your own work, if you do it in such a way that that is considered "fair use" or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it in connection with the Youthcanvas.com™ service. While some uses might appear “fair” or permissible to you, we ask that you understand that Youthcanvas.com™ must act in accordance with its Notice and Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are otherwise alerted or aware of potential infringement issues.
Ultimately, you take full responsibility for the works you upload and display on Youthcanvas.com™. This is reflected in the Youthcanvas User Agreement. Use of the Youthcanvas.com™ website indicates continued acceptance of this Agreement.
So please do us all a favor and if someone has created or owns the rights to a picture, painting, photograph, logo, story, poem or any other work, copyright, trademark or publicity right (regardless of whether it’s an individual or a large global company), obtain consent before you use that work in connection with the Redbubble service. This will help ensure that you don’t infringe the rights of any third party and help us promote an encouraging and inspired environment at Redbubble filled with wit, soul, meaning and aesthetic genius.
5. Repeat Infringer Policy
It is Youthcanvas’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademark rights, other intellectual property rights or publicity rights of others.
6. Notice and Takedown Procedure – Reports and Complaints
Youthcanvas.com™ respects the intellectual property rights of others and we ask our users to do the same.
If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Youthcanvas's designated agent for complaints (contact email below) by sending a Notice and Takedown Report, which must include the following important information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;
a description of the matter claimed to have been infringed;
a description of where the claimed infringing content is located on the Youthcanvas.com™ site. URLs should be in the following form:
http://www.youthcanvas.com/art/ [work number and name];
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
a statement by you, made under penalty of perjury, that:
a. the above information is accurate; and
b. you are authorized to act on behalf of the owner of the rights involved.
Youthcanvas's Designated Agent for complaints can be reached at: firstname.lastname@example.org
Additionally, in certain circumstances, Youthcanvas™ may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights or other rights of others purposely.
7. If your work has been included in a Notice/Takedown Report
If the Youthcanvas™ Legal Team has received a Notice and Takedown Report which specifically notes one or more of your works, the noted works will have been removed. You will not be able to view or update these works.
The Notice and Takedown Report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright, trademark or publicity rights law.
We have a legal obligation to act on reports filed in accordance with our IP/Publicity Rights Policy.
While the work may not have been a direct copy of someone else's work, it may contain elements, logos, or personal likenesses which may infringe on another's rights.
If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification.
We do apologize that we are legally not able to provide individual copyright, trademark or publicity rights advice, or give personal opinions on these matters.
We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your work on the Internet (a few links below), or consult an I.P. specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.
General Copyright: http://en.wikipedia.org/wiki/
Copyright General Trademark: http://en.wikipedia.org/wiki/Trademark
General Publicity Rights: http://en.wikipedia.org/wiki/Personality_rights
United Kingdom: http://www.ipo.gov.uk/copy.htm
United States Copyright: http://www.copyright.gov/
United States Trademark: http://www.uspto.gov/trademarks/index.jsp.
8. Filing a Counter Notice
If you believe that removal of the content is the result of a mistake (for example, that you have authorization) or misidentification, you can send us a counter notice. Such counter notice must provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;
a description of the content which we have removed, including the URL on which the content was located on the Youthcanvas.com™™ site;
your address, telephone number, and email address;
a statement by you that you consent to the jurisdiction of the Mumbai Court, India and that you will accept service of process from the person who provided notification described above or an agent of such person;
a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
You can send a counter notice to email@example.com
If we receive your counter notice but your work does not comply with the Youthcanvas.com™ User Agreement and/or IP/Publicity Rights Policy, we may inform you that we are not be able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.
In many circumstances, however, we will forward your counter notice directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you in Mumbai Jurisdiction. If after 14 days the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our User Agreement and IP/Publicity Rights Policy, we may reinstate your work at that time.