Imaginative Ink is a company and website dedicated to bringing and sharing creativity to the UK and maybe, one day, the rest of the world. We encourage you to be involved in every aspect of Imaginative Ink – displaying your designs, giving feedback or writing reviews, hopefully even teaming up with other members to collaborate on projects, and to talk to each other.
In order to make this work it is essential that all Imaginative Ink users respect the intellectual property rights of others, including copyright and trademarks. You must only upload content that you have created yourself and have permission to use or authorise others to use. If you are a customer or simply visiting, please respect the copyright and trademarks of all the works you see or buy here at Imaginative Ink. Respecting other people’s intellectual property is an essential principle of Imaginative Ink’s community.
Displaying your work on Imaginative Ink’s site makes it available for the whole world to see, so you need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure that you are not breaking any laws by publishing your work through Imaginative Ink.
By respecting each other and respecting the art you find here, you’ll help to make Imaginative Ink an inspiring and enjoyable community.
It is important that you read the agreement below. Using this website means that you accept this agreement. If you do not agree with its terms then please do not use this website.
All visitors (“user”, “you”, “your”) to the Imaginative Ink website at www.imaginativeink.co.uk (“the website”, “this website”) enter into a binding legal agreement on the following terms (the “agreement”) whilst using the website. The agreement is between the user and Imaginative Ink. (“we”, “us”, “our” refer to Imaginative Ink) and use of this website indicates continued acceptance of this agreement.
Our services are only available to, and may only be used by, individuals who can form a legally binding contract under applicable law. Our services are therefore not available to persons under the age of 16.
Amendment to this agreement
As this website is currently in Beta and the community in time will grow and change, we may have to amend the terms of this agreement from time to time, but should any such amendment take place, we will let you know about these changes either by sending you an email to the email address you have registered with Imaginative Ink, or by displaying information about the changes on our home page, or both. Either way, your continued use of this website will be taken that you accept the new terms.
Imaginative Ink provide a range of services (the “Imaginative Ink service”) which, amongst other things, enable you to publish, sell and purchase art; and receive the benefits of Imaginative Ink’s facilitation of product fulfilment, including payment processing, customer services and third party product manufacturing and shipping.
The digital content on the website (“content”) may be information, text, data, graphics, images, photographs or any other material posted online by users. Any content that you upload into your seller account is described as your “art”. Your art may be viewed by all users of the website once you elect to publish it and it has been approved by us. You may order a physical product based on your own art or you may offer your art for sale. If you or a customer decide to place an order, then Imaginative Ink will manufacture and ship the physical product in the form specified by you or the customer (“the product”).
You can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments or reviews. In its sole discretion, Imaginative Ink may refuse any user name that it decides as inappropriate and / or refuse any person from becoming a member.
You are responsible for actions made on the website using your 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.
Putting content on the Imaginative Ink site
You keep the copyright of any content you submit or upload to the website. In order to receive the Imaginative Ink services you grant Imaginative Ink 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, cancelbots, 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.
Imaginative Ink 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 Imaginative Ink 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 Imaginative Ink 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 offer your first art for sale 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 Imaginative Ink
Users can purchase products on the Imaginative Ink website using a valid credit card or the PayPal system.
You do not have to be a member to purchase a product.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is the customer’s responsibility to ensure the product delivery address is correct. Imaginative Ink take no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
Paying you after your art is sold
Payment terms are explained in the Service Agreement below.
You Instruct Imaginative Ink 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’s credit card or PayPal account 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. Imaginative Ink will include shipping charges which will vary depending upon the size and price of the product.
If a product is delivered to a customer that is found to be physically damaged in some way, then Imaginative Ink will happily issue a replacement copy of the product after receiving reasonable proof of that damage.
If you receive a damaged product, then you must email Imaginative Ink 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.
Reporting inappropriate content to Imaginative Ink
Imaginative Ink does not manually screen all 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. Imaginative Ink 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 or if you believe your copyright or other intellectual property rights are being infringed, please e-mail us at email@example.com with a link to the product and your reasons for reporting it.
You must ensure that your access to this website and the Imaginative Ink service 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 Imaginative Ink service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your 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 Imaginative Ink service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Imaginative Ink 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 Imaginative Ink, you grant Imaginative Ink 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 Imaginative Ink’s (and its successors’ and affiliates’) services and business, including without limitation for promoting and redistributing part or all of the Imaginative Ink site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Imaginative Ink 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 Imaginative Ink site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.
All intellectual property rights in this website and the Imaginative Ink service (including the software and systems underlying the Imaginative Ink 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 authorised 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
- commercialise 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 trade marks; 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.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that the Imaginative Ink 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 Imaginative Ink service or these websites will be uninterrupted.
You acknowledge that the Imaginative Ink 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 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.
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.
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.
You may close your account at any time by e-mailing us at firstname.lastname@example.org and telling us that you would like to close your account.
APPENDIX A – Services Agreement
You wish to use Imaginative Ink’s services to facilitate marketing and sale of your art and to manufacture and deliver a physical product (“your product”) once an order has been made through www.imaginativeink.co.uk (“the website”). Imaginative Ink will provide the services on the terms set out in this Services Agreement.
(The terms “we”, “us”, “our” refer to Imaginative Ink as the context requires.)
1.1 Imaginative Ink, 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, Imaginative Ink will fulfil those orders by facilitating payment for, manufacture of and delivery of your products (“Services”).
1.2 Imaginative Ink will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Imaginative Ink 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 Imaginative Ink 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 Imaginative Ink to facilitate payment, manufacture and shipping in respect of orders for your product(s) via the website and Imaginative Ink 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, Imaginative Ink’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Imaginative Ink’s fee are referred to collectively, and inclusive of tax, as the “base amount”), your creator margin (“your margin”), and any relevant tax. Shipping charges will also be added.
3.2 Imaginative Ink will send you an email to the email address you registered in your account to notify you when an order has been placed for your products.
3.3 You agree that Imaginative Ink 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.
3.4 All items purchased from the website are manufactured and delivered 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. Payment terms
4.1 You authorise Imaginative Ink to collect, hold and distribute the retail price and shipping charges (“sale proceeds”) from customers on the terms set out in this clause 4.
4.2 You authorise Imaginative Ink to deduct the base amount and the shipping charges from the sales proceeds for your products before distributing your margin, and tax where relevant, to you.
4.3 We will either initiate a PayPal deposit or direct bank deposit before the 7th day of the month for sales made in the previous month.
4.4 It is your responsibility to ensure Imaginative Ink has current details of your postal address and bank account or PayPal details. Imaginative Ink 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 margin for up to 12 months from the payment date. If you have not notified Imaginative Ink of any amendment to the payment method details in that time, you authorise us to donate your margin proceeds to a charity of our choice.
5. Taxation responsibility
5.1 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.
5.2 For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
6.1 You hereby indemnify and will keep Imaginative Ink 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 wilful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Services Agreement.
7. Limitation of liability
7.1 In no case will Imaginative Ink 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.
8. Terminating this agreement
8.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.
8.2 Imaginative Ink may give notice of termination of this Services Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorise 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.
8.4 Upon termination of this Services Agreement by either party, Imaginative Ink will pay you any accrued member margin proceeds from your account, less a £5.00 administration fee.