Copyright

ForU Designer Agreement &Intellectual Property Rights

The following terms of this Designer License Agreement (“Agreement”) apply if you create products with BUSINESS FORUDESIGNS ‘s (“FORUDESIGNS,””we” or “us”) design tools and/or post for sale a Design to be displayed and/or offered for sale on websites, mobile sites or apps owned or operated by or for FORUDESIGNS (“Site”). “Design” means any and all artwork, photographs, sketches, drawings, text, digital images or product specifications that you send to BUSINESS FORUDESIGNS for placement on the Site or on physical or electronic products made by or for FORUDESIGNS (“Products”). Users of the Site who upload Designs for Products are referred to as “Designers.” Users of the Site who refer purchasers to the Site are referred to as “Associates.”

Licenses

By uploading Designs to the Site or creating Designs with FORUDESIGNS’s design tools, you grant the following licenses to BUSINESS FORUDESIGNS: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products; (ii) promotional “streams” of audio/video/photographic Content on the Website, (iii) Products or Design placement in magazines, television shows, movies, and other media; and (iv) the sale of Products available on the Site through third-party product feeds. You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category or for other manufacturing purposes, if you agree that your Design may be used in such category. If you select the “customize” option, you also agree that FORUDESIGNS and visitors to the Site (“Users”) may make changes to the Design for the purposes of creating and ordering Products.
You may delete or hide your Design from the Site at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Site. You retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that FORUDESIGNS will fulfill any orders placed prior to termination and BUSINESS FORUDESIGNS may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design.

Tags, Spam and Descriptions.

General

FORUDESIGNS and its community work together to keep the Site and related programs working properly, in a secure manner and for the mutual benefit of the community.

At the time you post a Product for sale, you will be asked to provide information (title, description, tags, categories) about your Design so that visitors to the Site can search and find relevant Products. You will make best efforts to provide accurate, non-misleading information about your Designs and you agree not to submit unrelated information in connection with your Design for any purpose. If FORUDESIGNS determines that information is misleading or inaccurate or that it violates the rights of a third-party, FORUDESIGNS may delete such information or your Design(s) entirely, in its sole discretion.

There are several key pieces of information about your item that BUSINESS FORUDESIGNS uses to help Users find what they are looking for, including but not limited to: titles, tags, attributes and categories. It’s very important to accurately label your items. By providing high-quality, accurate information, you help Users find your Products quickly and easily. Inaccurate information can create a frustrating and unproductive shopping experience for everyone in the marketplace.

FORUDESIGNS asks that you do not engage in script writing or other unacceptable back door computing practices in an effort to post multiple products for sale.

By using the Site, you agree to use the Site and conduct your business in a manner that demonstrates common sense and respect for the rights of FORUDESIGNS, other Designers, Users and third parties and in accordance with applicable laws and regulations.

Please report problems, offensive content, and policy violations to us at business@forudesigns.com.

What is prohibited?

Here are some of the basic rules for labeling your products:

• Only use accurate and relevant terms that describe the specific Product in your listing.if your Product is only appropriate for mature/adult audiences, you must rate it “Rated-R”. If it is not appropriate for Children, you must rate it “Rated -PG-13”. If your Product is appropriate for everyone, please rate it “Rated-G”.
• For products with descriptions that include minimum age requirements, you may only publish designs that are consistent with such requirements.
• For products with descriptions that include minimum age requirements, you may only publish designs that are consistent with such requirements.
• You must not label a Product with related, but inaccurate words.
• You may not intentionally misspell your products (unless such misspelling is part of the Design).
• You may use a short descriptive phrase as a tag if it accurately describes your item.
• You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
• You should only state what the item is, not what the Product may become or potential uses for the Product.
• You may not use words that are derogatory
• You may not use words that are derogatory
• You may not use copyrighted material.
• Tags or attributes that are duplicates are not allowed.

If you do not follow the rules set forth above, FORUDESIGNS may:

• Delete the Product(s)
• Suspend your Designer account with FORUDESIGNS (“Account”).
• Terminate your Account.
• Withhold any Earnings for Products that contain inappropriate or inaccurate descriptive information.

How does FORUDESIGNS enforce these rules?

FORUDESIGNS may take the following actions to enforce the terms of this Agreement:

• Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately.
• Make your Product(s) unavailable.
• Delete your Product(s).
• In the case of certain repeat offenders, we will, in our sole discretion, withhold payment of your Royalties.
• In the case of certain repeat offenders, we will suspend and/or terminate your Account.

Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and User accounts, prohibit access to our sites and their content, services and tools, delay or remove Designs and Products (including websites) from the Site and discontinue our relationship with any Designers that we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Account posting or hosting objectionable Content or recommending objectionable websites are subject to termination.

Ineligible Sales.

FORUDESIGNS will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement, the FORUDESIGNS User AgreementTerms and Conditions or any of your representations below. For example, if FORUDESIGNS discovers that one of your Designs infringes someone else’s copyright or that you do not have the right to use the Design, FORUDESIGNS reserves the right to reverse all Royalties for such Designs, whether due or already paid.

Special Programs

We may make your Designs available to some of our partners in connection with certain special programs and arrangements. In such cases, Your Royalty Rate will not apply. Your participation is voluntary and the terms of the specific program will be announced at the launch of such program and such terms will control the program if you choose to participate

You will be given the opportunity to participate in our volume and bulk discount programs. If you choose to do so, different rules which will be launched at the time the volume/bulk discount program is launched will be published and those rules will apply to the program if you choose to participate.

Marketing and Promotions.

FORUDESIGNS may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. BUSINESS FORUDESIGNS may run promotions (including volume discounts and special sales discounts). FORUDESIGNS is responsible for the cost of promoting the offer and producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue BUSINESS FORUDESIGNS actually receives for the sale of Products.

Representations

You represent that:

• You are the owner of the Design or that the Design is in the public domain; and
• You have the legal right grant this license to FORUDESIGNS and to enter into this Agreement; and
• To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
• The Design does not infringe the privacy, celebrity, moral or other rights of any third-party; and
• The Design does not contain any defamatory, obscene or discriminatory content or any illegal material;
• BUSINESS FORUDESIGNS may legally make and sell Products incorporating the Design without infringing the rights of any third-party and without being obligated to make any payments to, or obtain any permission from, any third-party; and

Release

If you have a dispute with one or more Users or Designers, you release BUSINESS FORUDESIGNS (and FORUDESIGNS ‘s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

User Agreement Terms and Conditions

This Agreement supplements the FORUDESIGNS Terms& Conditions, which is incorporated by this reference..

Intellectual Property Rights

At FORUDESIGNS, we are very excited to support our FORUDESIGNS creators and to help them produce great custom products and a great experience for their buyers. In our efforts, we are also committed to protecting the rights of individuals and companies with respect to the content published on the FORUDESIGNS service. Third-party rights are based on a range of laws and legal standards that can be confusing. Those rights are each very different from the other and are often misunderstood. We have created this guide to provide very high-level information about certain types of legal rights and to help FORUDESIGNS creators understand what is permissible on the service. We have described some key rights below (trademark, copyright and right of publicity). In reality, the legal analysis for each of these rights is much more detailed and complex than our summary below. Still, we hope the information below is useful and will provide some guidance for creation of permitted campaigns on the FORUDESIGNS service.

Limited Grant and Restrictions.

Forudesigns grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the Services, subject to these Terms. You may not (i) copy, reproduce, record, or make available to the third parties any part of the Services or content delivered to you via the Services (other than your own User Generated Content as defined below) except as explicitly contemplated or allowed via the Services, (ii) use the Services to import or copy any local files you do not have the legal right to import or copy, (iii) reverse-engineer, decompile, disassemble, modify or create derivative works based on the Services or any part thereof (other than your own User Generated Content), (iv) circumvent any technology used by Forudesigns , its licensors, or any third party to protect content accessible through the Services, (v) use any manual or automated means to “scrape” or download data from the site (except that public search engines may do so to create publicly available searchable indices, but may not cache or archive any information from the site); (vi) rent or lease any part of the Services to third parties, (vii) circumvent any territorial restriction of the Services, (viii) manipulate the Services by using a script or other automated process, (ix) remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Services, or (x) provide your password to any other party or use any other party’s user name and password.

Reservation of Other Rights

You acknowledge and agree that (excluding your User Generated Content) Forudesigns retains all right, title and interest in and to all data, information, content and materials provided on or through the Services (including the selection and arrangement of elements displayed on or through the Services, the compilation of all content and materials on the Services, and the business process, procedures, methods and techniques used in the Services) and all associated patents, copyrights, trademarks, and other intellectual property and proprietary rights recognized anywhere in the world. Forudesigns ™, and the Forudesigns logo are the sole and exclusive trademarks of Forudesigns , and, all other proprietary trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Services are the sole and exclusive property of Forudesigns or its licensors. You may not use Forudesigns ’s intellectual property, including its trademarks, without our prior written consent. All rights not granted herein are expressly reserved.