Cartoonists Shop (Arifur Rahman) is owned and operated by Cartoonists Shop. You will be deemed to have accepted these Terms and conditions when you click on the ‘I agree’ button at the end of these Terms and conditions. If you do not want to agree to these Terms and conditions, you should click on the ‘cancel’ button and not participate.
When accessing Cartoonists Shop as a Buyer you must comply with any directions, instructions or protocols posted on the Site from time to time. Only those who have submitted a Buyer application and accepted these Terms and conditions are entitled to access and make use of the facilities offered by the Site.
By being registered as a Member, you are entitled to:
The Site will usually be available 24 hours a day, seven days a week or as otherwise stated on the Site. Cartoonists Shop may, in its absolute discretion, and for any reason, and at any time, with or without notice:
In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us (Member Information).
As between you and Cartoonists Shop, its licensors, advertisers or affiliates, own solely and exclusively, all:
Cartoonists Shop respects the intellectual property rights of others. If you believe that your work is infringed by an Image being offered for sale on Cartoonists Shop, then that constitutes copyright infringement. Contact us via email with the following:
The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Site are, unless otherwise stated, the registered and unregistered Trademarks of Cartoonists Shop and others.
Cartoonists Shop does not warrant or represent that your use of the Site will be confidential. Cartoonists Shop is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site. While Cartoonists Shop has taken precautions to protect information that you transmit to the Site over the internet, Cartoonists Shop does not warrant the security of that information. Once Cartoonists Shop receives your transmission, Cartoonists Shop will take reasonable steps to preserve the security of such information. You must not disclose any confidential information made available through the Site.
When your application for Membership is accepted by Cartoonists Shop, you will have a sincse account that is accessible by you (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Cartoonists Shop (as a Buyer) and payments made by Cartoonists Shop to you (as a Seller or in accordance with clause 17).
You can make a payment into your Member Account by credit card or using the services of a Payment Agent. You authorize Cartoonists Shop to:
Cartoonists Shop will pay to you amounts earned as a Seller and Referral Commissions earned by you in accordance with clause 18 subject to the following conditions:
If you Buy images, you do so on the following terms:
Personal Use Only License grants you, a non-exclusive, non-transferable license to make use of and display the image on a website or print project. A maximum of 100 copies incorporating the image may be made.
Digital Media Use License grants you, a non-exclusive, non-transferable license to make use of and display the image on a website or print project.
Educational Use License grants you, a non-exclusive, non-transferable license to make use of and display the image on a website or print project.
Print Media Use License grants you, a non-exclusive, non-transferable license to make use of and display the image in items for resale or distribution, such as clothing, greeting cards, magnets, calendars, web templates, games, and wallpapers. A maximum of 10,000 copies incorporating the image may be made.
Grants you both the Standard and Merchandise Licenses outlined above and allows an unlimited number of copies incorporating the image may be made.
You acknowledge and agree that despite Cartoonists Shop’ reasonable precautions, Images may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Cartoonists Shop reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Cartoonists Shop will immediately arrange for any payment to be refunded.
Model-released images may not be used in a way that the person(s) depicted:
An Ultimate License grant you the Personal Use Only, Digital Media Use, Print Media Use, Educational Use, and Commercial Use Licenses outlined above with no limit to the number of copies that can be made.
With any license, you may publish, post, or upload an unmodified version of the Image on Social Media outlets under the following circumstances:
As a Seller, you cannot start selling on the Site unless you first: complete the Seller application, agree to our Seller Agreement and submit sample images for acceptance. You warrant to Cartoonists Shop and each Buyer that, as a Seller, in relation to each Image that you offer for sale on any of the Site:
As a Seller, you must:
Cartoonists Shop may refuse, in its sole discretion, to allow you to offer your Images for sale on the Site. Cartoonists Shop is not required to give reasons for refusal. You acknowledge and agree that If Cartoonists Shop determines, in its absolute discretion, or is notified by a third party, that an Image that you offer for sale on the Site does not comply with any applicable laws and/or these Membership Terms, Cartoonists Shop will disable your Member Account and withhold all amounts that you may have earned from the sale of the relevant Image until the earlier of:
You acknowledge and agree that Cartoonists Shop may, at its sole discretion, elect at any time to remove your Images from the Site without notice to you. Cartoonists Shop is not responsible for any loss that you may suffer as a result your Images being removed from the Site. Cartoonists Shop is not liable for any loss suffered by you as a result of a Buyer making use of an Image that you offer for sale on the Site contrary to the conditions on which the Product was sold to the Buyer. You agree and acknowledge that Cartoonists Shop may use your Images from time to time to promote the Site, including on a features page on the Site itself.
If one or more of your Images is sold over the Site, Cartoonists Shop will credit your Member Account with the balance of the fee received from the Buyer (that is the gross fee less Cartoonists Shop’ commission). Cartoonists Shop will be entitled to receive a commission of an amount equal to 60% of the fee payable for each Image sold over the Site. Commission rates and referral program rates may be changed by Cartoonists Shop at its sole discretion, from time to time. Any changes to the commission rates by Cartoonists Shop will take effect on and from the date on which notice of the variation is posted by Cartoonists Shop on the Site.
If you refer a new Seller to the Site you will receive a commission equal to 5% of that new Seller’s standard license commission sales for six months. You automatically have a referral code generated using your username. This code is available on your account page. New Sellers referred via your referral link are eligible if they:
You MAY NOT refer new Members by:
You warrant that while using the Site and the various services and features offered on or through the Site, you will not:
You MUST NOT:
You agree that you must not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site. Cartoonists Shop reserves the right, in its absolute discretion, to determine whether or not your use of the Site or content or services available on the Site complies with these Membership Terms. Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Cartoonists Shop. Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.
You agree that if you include a link from any other web site to one or more of the Site, such link must link to the full version of an HTML formatted page of the relevant Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to any of the Site in any manner such that the Site, or any page of the Site, is “framed”, surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to any of the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
You may be able to link from the Site to third party web Site and third party web Site may link to the Site (Linked Site).
Cartoonists Shop may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which:
You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Site and the consequences of any of your activities on the Site. Cartoonists Shop reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site or through the Site, and Cartoonists Shop is not responsible for, and assumes no liability for, any such materials posted by users. However, Cartoonists Shop reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Cartoonists Shop’ sole discretion are objectionable or in violation of these Membership Terms, Cartoonists Shop’ policies or applicable law. Cartoonists Shop may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Cartoonists Shop does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
in the case of services supplied or offered by Cartoonists Shop:
in the case of goods supplied or offered by Cartoonists Shop:
You agree to defend, indemnify and hold Cartoonists Shop and Cartoonists Shop’ affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from your use of the Site, your placement or transmission of any Artwork, message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Membership Terms. Cartoonists Shop reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Cartoonists Shop’ defense of such claim.
Cartoonists Shop may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Site from time to time and at any time without notice to you. Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to check for these notices. Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.
Nothing in these Membership Terms:
A party cannot in anyway or for any purpose:
If a party must fulfill an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
Cartoonists Shop may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
Should Cartoonists Shop elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Site temporarily or permanently. In either case, you must not apply for a new Member account.
Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices. A notice will be deemed to have been given on the date of delivery.
If you make use of the Site, or the Artwork, content, code, data or materials on the Site or available through the Site, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of United States and other countries and may be subject to liability for such unauthorized use. We control and operate the Site from our offices in United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The laws of New York, United States governs these Membership Terms. Both Cartoonists Shop and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New York, United States.
Last update: February 5, 2018