Hyperfavor Collaboration Sign-up Form

Artist Terms & Conditions

1. OVERVIEW

This website is operated by Hyperfavor LLC. Throughout the site, the terms “we”, “us” and “our” refer to Hyperfavor LLC. Hyperfavor LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. DEFINITIONS

2.1. Artist - a natural person engaged in business activity, an unincorporated organizational entity that has been endowed with legal capacity on the basis of separate provisions, or a legal person, all of whom have created and currently maintain anAccount in order to provide access to Product Models which they have delivered. Artist is not a consumer within the meaning of the law.

2.2. Voucher - a multi-purpose voucher issued by the Service Provider to the Subscriber under the Subscription Agreement.

2.3. Password - a sequence of signs, including alphanumeric, necessary to perform an authentication process while accessing the Account, determined by the Artist/User/Influencer during the Registration process.

2.4. Account - ICT resources within the Website which the Artist/User/Influencer may access following one-time Registration, and upon providing, in each case, the Name and Password (logging in). The Artist uses the Account to publish and provide the Users with access to the Product Models.

2.5. Name (login) - a sequence of signs, including alphanumeric, necessary to perform an authentication process while accessing the Account, determined by the Artist/User/Influencer during the Registration process.

2.6. Product - a physical copy of a work or another product of human activity, including but not limited to graphics, posters, paintings, illustrations or photographs, provided to the User or persons who purchased the Product via Service Provider

2.7. Content - any and all artwork, assets, audio clips, data, designs, digital images, drawings, elements, graphics, images, information, metadata, photographs, Product specifications, sketches, stitch files and text, or any combination thereof that you send to Hyperfavor for placement on the Site.

2.8. Registration - a one-time action which consists in creating an Account by the Artist/User/Influencer with the use of an administration panel provided by the Service Provider on the Website. The Registration Is completed upon the Artist/User/Influencer accepting a registration form available on one of the Website pages, filling in appropriate spaces of the form and clicking an appropriate button. The Registration is effective upon successful completion of a verification process by the Service Provider, which is followed by an e-mail with confirmation of Registration sent to the Artist's/User's/Influencer's address.

2.9. Terms of Use - these Terms of Use.

2.10. Website (www.Hyperfavor.com, Hyperfavor) - an Internet website which enables Artists to provide access to the Product Models.

2.11. Parties - depending on an Agreement to which the Terms of Use refer: the Service Provider and the Artist or the Service Provider and the User.

2.12. Agreement -an agreement for the provision of Services concluded by and between the Artist/User/Influencer and the Service Provider upon the Artist's/User's/Influencer's first access to the Account following successful Registration. The agreement is concluded for an indefinite period. In the case of Users not holding an Account, the agreement for the provision of Services is concluded each time upon entering the Website and terminated upon leaving the Website. Moreover, in the case of the agreement between the Artist and the Service Provider, the Agreement also covers the provision of services connected with the Artist delivering the Product Models to the Website on the terms and conditions provided for in these Terms of Use.

2.13. Service - a service provided by electronic means by the Service Provider under the Act on Providing Services by Electronic Means on terms and conditions provided for in the Terms of Use, which consist in:(a) providing the Artist/User/Influencer with an Account and other 3 functionalities of the Website, in particular the Subscription Plan, and (b) making it possible for the User to make an order for a Product.

2.14. Act on Copyrights and Related Rights - Act on Copyrights and Related Rights of 4 February 1994 (Dz. U. [Journal of Laws] of 1994, No. 24, item 83, as amended).

2.15. Act on Providing Services by Electronic Means - - Act on Providing Services by Electronic Means of 18 July 2002 (Dz. U. [Journal of Laws] of 2002, No. 144, item 1244, as amended).

2.16. User - (a) a natural person above 18 years of age (in the case of persons at the age of 13-17, every activity within the Website requires a confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organizational entity that has been endowed with legal capacity on the basis of separate provisions or (d) a legal person using the Website.

2.17. Product Model - a digital presentation of a Product in the form of data published and made available by the Artist on the Account.

2.18. Influencer – (a) a natural person above 18 years of age (in the case of persons at the age of 13-17, every activity within the Website requires a confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organizational entity that has been endowed with legal capacity on the basis of separate provisions or (d) a legal person using the Website, who has entered into a separate cooperation agreement with the Service Provider and has created and currently maintain an Account in order to use and derive profits from the usage of Share and Earn. Influencer is not a consumer within the meaning of the law.

2.19. Partner – website through which it is possible to purchase the Product by users of this website. Under no circumstances should the Partner be considered a subcontractor, agent or any entity acting on behalf of the Service Provider.

2.20. Limited liability - Hyperfavor is only responsible for the specific issues mentioned in this policy. Related and further matters are beyond the jurisdiction of Hyperfavor. 

3. OBLIGATIONS OF WEBSITE’S USER

Artists will use the Partner Interface which is designed, developed and modified by Hyperfavor. The procedure of uploading artwork on Hyperfavor website will follow the steps that have been prescribed. Any changes to the uploading procedure will be notified to the artist. 

The Users of The Website are to:

• Self-protect your Account’s information, Login name, Password to avoid chances of those information being disclosed to Third Parties.
• Never use Website, Service, Products for any illegal purposes, activities.
• Use Website without bringing any inconvenience to other Artists, Users, Service Provider and respect their rights. 
• Never transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
• Never harvest or otherwise collect information about Users, including names and email addresses, without their consent.
• Never reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Hyperfavor.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. LICENSE AGREEMENT 

By uploading Content to the Website, you will grant the following licenses to Hyperfavor:

• Non-exclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Content in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Website, your Content and Products.
• If you select the "customizable" option, you also agree that Users may make changes to the Content uploaded on Website for the purposes of creating and ordering Products.
• When your Content is submitted, Hyperfavor has the right to choose Content which is appropriate to our policies and strategies to fit on All Over Print Products’ mockup and upload on Website.
• After your Content has been uploaded on the Website, Hyperfavor do not have rights to hide or delete without your permission if it doesn’t infringe other Artists’ copyrights or our policies
• Hyperfavor’s artist inhouse team respects and does not have rights to infringe your copyrights in terms of designing our own Content.

You will retain all copyright and other intellectual property rights in your Content (both when submitted to us and uploaded on Website by Hyperfavor). Hyperfavor does not have rights to let Third Parties use, sell, distribute your Content in physical products or in any forms without your permission.

You may delete or hide your Content from the Website 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. Upon the removal of Content, the licenses above will be terminated, except that Hyperfavor may continue to use or access your Content to fulfill any orders placed prior to termination, in marketing and promotional materials if such materials were created prior to removal of the Content, and to defend against or respond to infringement claims.

5. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. CONTENT GUIDELINES

7.1. Age 

Members must be 16 years or older. This is a legal requirement as people under the age of 16 are not able to enter into a legal contract with Hyperfavor. 

7.2. Mature Content 

Mature Content refers to works containing content that may be considered not suitable for viewing by some audiences, such as nudity, blood, guns, alcohol, drugs, violence, adult language, and other similar themes. Artists should indicate that their work is Mature Content as a part of the upload process, however, this can also be done at any time using the Edit Work function. Marking your work as Mature Content ensures that it will only be seen by viewers who choose to include this content while browsing Hyperfavor. Failure to comply with this guideline may result in account restriction or closure.

7.3. Self-Promotion 

Members can self-promote in their parts of the site (i.e. journal, profile), but should refrain from uninvited self-promotion outside of these areas. For example, members should not self-promote in the comment sections under another member’s work. Artists can promote products and services they provide in their journals or profile but need to be clear and transparent about the details – in particular, the financial details. Adult Language Malicious or hurtful swearing at another member is not permitted (it is considered an expression of personal attack). Swearing and adult language in a more general context is acceptable. Works containing adult language should be marked as Mature Content. 

7.4. Nudity and Pornography 

The following material is not permissible on Hyperfavor:

• Sexual material: Explicit and gratuitous foreplay. Displays of sexual intercourse showing genitalia in direct contact including, but not limited to, male-to-female, female-to-female, and male-to-male. Male or female masturbation where hands come into contact with genitalia in real or simulated masturbation/fondling. Semen and vaginal fluids. Urine when considered in a sexual context. “Sex toys” in use with genitalia or in a clear sexual context including but not limited to penis-rings, dildos, strap-ons, vibrators, etc. Manually spread vaginas or anuses (either sex) by hand or manipulated open by any other artificial means.
• Penises and vaginas: Any image that is deemed to be gratuitous - definition of gratuitous: "unnecessary or unwarranted". This will generally include close-up vagina images or images that show intimate details of a vagina, men with an erection that is clearly visible, or images where the penis is the focal subject.
• Nude or 'sexualized' children: Hyperfavor has a conservative approach to images of children. Children should be appropriately clothed. As a general rule, 'appropriately clothed' means no genitalia, no uncovered bottoms, and, for pubescent girls, no bare chests. We define a child as anyone under the age of 18. In images of babies or infants, some nudity is acceptable (for example, in the style of Anne Geddes' portrait photography) but we request that genitalia is covered.
• General titillation: Images constructed with the primary purpose of sexually exciting the viewer and where no attempt at an artistic statement has been made.

7.5. Designs on Children's Clothing 

We take a conservative approach to designs made available on children’s clothing. Designs should be suitable for children of all ages and without undesirable associations or connotations (for example, sexually or violently suggestive, demeaning, derogative, or political material or phrasing that could be interpreted as such). Humorous slogans need to be tested against a broad range of views as they can cause unforeseen and unintended offenses. Gender-specific slogans also need careful consideration. 

7.6. Violence and Hatred 

Work that glorifies or trivializes violence or human suffering is not permitted. For example, graphic depictions of violence, works that trivialize violent acts, and work or behavior where the intent of the artist is to incite hatred or violence. This includes the promotion of organizations, groups or people who have a history of violence and/or an agenda of hate. Works that deal with catastrophic events such as genocides or holocausts or other atrocities need to be sensitively handled. Works that have the potential to cause the victims serious distress may be removed. 

7.7. Racism 

Racist content or behavior and material designed to incite racism is not permitted. We define racism as either the hatred or intolerance of another race, or discrimination, or antagonism directed against someone of a different race based on the belief that one's own race is superior, or a belief that all members of a racial group possess characteristics specific to that race, especially to distinguish it as being inferior. Racist Terms: Works that use racist terms in a casual and/or derogatory way are not permitted. The decision to remove a work will depend on the context in which words are used, but as a rule of thumb, this excludes situations where legitimate discussion or commentary is taking place. For example, a written work where the artist uses a racial slur in the context of describing their personal experiences of racism would be allowed to remain, but a slogan t-shirt featuring the slur would not. 

7.8. Use of Symbols 

Symbols and icons carry strong messages e.g. the swastika, crosses, the Confederate Flag, Hitler, and the Koran. These symbols and their like can be used in a work, but only with considerable care. Works may be removed if:

• the intent is ambiguous or needlessly provocative 
• the content appears deliberately designed to contravene anti-vilification, anti-racist, or hate guidelines
• the content does not comply with country-specific laws 

7.9. Country-Specific Laws

Some countries regulate or prohibit the use of certain content, like symbols, images, or words.  To comply with the laws in these countries, Hyperfavor may remove works that contain such content.

7.10. Defamation  

Any work or behavior that can reasonably be considered defamatory is not permitted. As a general rule, works that are presented as an opinion or a criticism on a subject of public interest do not fall under this definition. 

7.11. Vilification 

We define vilification as conduct or content that is intended to invoke serious contempt, revulsion, or severe ridicule of an individual or group of people because of race, religion, disability, gender identity, sexuality, or they are deemed to be a vulnerable person or group eg: refugees. This includes the promotion of organizations, groups or people whose views are inherently vilifying any of the above. As a general rule, works that are presented as an opinion or a criticism on a subject of public interest do not fall under this definition. 

7.12. Harmful Misinformation 

Harmful misinformation is not permitted. We define this as any misleading or false information that harms or significantly threatens public health and safety, or where the intent is to cause fear and suspicion about a topic that can cause real-world harm. 

7.13. Uninvited Criticism 

Criticism should only be provided on a work or journal where it has been specifically requested. For example, where the artist writes in the description “critique of this work is welcome” or “constructive criticism is welcome”. Criticism includes:

• negative comments about the quality of a work
• finding fault with the arguments or ideas expressed by a work

Hyperfavor provides a supportive and encouraging environment for artists of all skill levels and experience. If someone is unprepared for criticism or is self-conscious about their work, uninvited criticism can be upsetting and can have a negative impact. 

7.14. Personal Attacks 

A personal attack is where a member writes hurtful or insulting things about another member or makes personal remarks with the intention of hurting or upsetting them. Personal attacks can also include comments made about a group of members and names don’t have to be mentioned in order for behavior to be considered a personal attack. Most importantly, provocation is not a justification for a personal attack on another member. If an exchange is becoming heated or if someone’s behavior isn’t appropriate we strongly advise taking a few deep breaths, reporting any instances where the behavior falls outside Hyperfavor’s guidelines, and then ceasing communication. Hyperfavor staff does their very best to listen and address concerns but we ask that you treat staff as you treat each other. The staff welcomes suggestions, ideas, feedback, and constructive criticism but we ask that you share your thoughts in a mature, respectful, and considerate manner. Personal attacks on staff will be followed up in line with our Community Guidelines. Depending on the severity, an isolated comment or Bubblemail can usually be dealt with as advised in our help article on resolving conflict online. 

7.15. Harassment 

Harassing behavior includes: to disturb persistently, torment, humiliate, bother continually, pester or persecute. Names don’t have to be mentioned in order for behavior to be considered harassing. Harassment doesn’t have to be negative behavior; it also includes unwelcome behavior. Harassment can include:

• Persistent communication after a request has been made to cease communication
• Persistent or continuing intimidation, bullying, or stalking behavior
• Continuing of offline disagreements or other negative personal issues

Depending on the severity, an isolated comment or Bubblemail can usually be dealt with as advised in our help article on resolving conflict online. If you are being harassed, as a first step please politely ask the person not to contact you again. If the harassment continues, please report all harassing comments, Bubblemail, and other communication to Hyperfavor staff using the reporting links provided around the site. 

7.16. Baiting 

Baiting is engaging in behavior or posting content to Hyperfavor that is intended to deliberately provoke an angry response or argument over a topic. Baiting behavior includes posting controversial or inflammatory messages, which provoke other members into angry and emotional responses. 

7.17. Threatening Behavior 

Threatening behavior includes threatening the life, safety, or well-being of another member. Threatening behavior will result in immediate account closure. 

7.18. Copyright and other forms of IP protection 

Hyperfavor respects Copyright and Trademark laws and will remove any work found to infringe Copyright or Trademark protection. 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.

7.19. Artwork file requirements

The artwork file requirements will be detected and specifically instructed on the Partner Interface. Any change will be applied sensibly and without notification to the artist.

8. UPLOAD LIMIT

Hyperfavor always encourages artists to showcase as many best works as possible. Hyperfavor hasn't set the accurate upload limit yet, but any spam or violences to the Policy will be denied. Hyperfavor has the right to censor and reject such products. 

9. COPYRIGHTS INFRINGEMENT COMPLAINT POLICY 

If you are an intellectual property owner and you believe that your intellectual property has been used or copied in a way that constitutes copyright and/or trademark infringement, please provide a notice containing the following information to Hyperfavor's gmail: [email protected] 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• A description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Hyperfavor Site
• your name, 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 copyright or intellectual property owner or its agent or the law
• A statement by you, made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

On every product page, Hyperfavor also includes a "Report Violation" link, you may also submit the information listed above by using the Report Violation link on the page containing the allegedly infringing product.

If you are an Artist and you believe one of your designs was removed improperly, you may send a counter-notice containing the following information to Hyperfavor's gmail: [email protected] 

• Your electronic or physical signature
• A description of the design that has been removed
• Your name, address, telephone number, and email address
• A statement that you have a good faith belief that:

• you have authorization from the copyright or other intellectual property owner
• you otherwise have the right to post the design for use in commerce.

• A statement that you will accept service of process from the person who provided notification of the alleged infringement.
• If a counter-notice is received by the Copyright Agent, Hyperfavor may send a copy of the counter-notice to the intellectual property owner who sent the original notice. Unless the intellectual property owner commences suit against the Hyperfavor Designer, Hyperfavor will decide, in its sole discretion, whether or not it will allow the Designer to re-post the design.

10. UPLOAD LISTING TABS

After submitted, Artwork will be adjusted by Hyperfavor to fit on All Over Print product’s mockup and be uploaded on the Website. Therefore, in order to keep track of the process, we will put your artwork into tabs for you to manage easily.

The product’s mockup will be fine-tuned by Hyperfavor and can be supervised by the artist. If the artist finds any point of dissatisfaction, they will have the right to submit a petition to Hyperfavor. 

11. ARTWORK ROYALTY AND AFFILIATE PROGRAM

11.1. Definitions

• Artwork royalty is an amount of money that the author of the artwork will receive every time a product carries the design of that artwork sold through Hyperfavor. 
• Affiliate program is a collaborative program between artist and Hyperfavor with the aim of optimizing and promoting the accessibility of products as well as profits for both parties. This is an automated program where affiliators place links or buttons on their own channel/sns. Affiliators will receive commission from sales when the customer has clicked the affiliate link to get to the Hyperfavor website to make a purchase. The Hyperfavor’s affiliate program is “pay-per-sale” type (to distinct from “pay-per-click” or “pay-per-lead” types). 

11.2. Hyperfavor’s offer

• For each product that carries the design of the artist’s artwork sold: $6 / product. 

• Affiliate program

         Hyperfavor highly recommends artists to also join in the Affiliate program and to be our affiliators. 

         - For each order made through affiliate link, the affiliator will receive commission proportional to Order Gross Value (negotiable) 

         - The Volume bonus tiers will be added based on the affiliator’s monthly gross revenue. The commission chart for affiliator will be: 

            + Tier 1: 0 - $500: 20% 

            + Tier 2: $500 - $3.000: 22%

            + Tier 3: Over $3.000: 25%

            Volume bonus tiers will be reset at the end of each month.

12. PAYMENT

• Hyperfavor will pay Artwork Royalty and Affiliate commission monthly for Artists/ Affiliators via Paypal
• Payment threshold: 50$

13. PRIVACY POLICY

This policy will be announced to artists only. Hyperfavor request an absolute information security to this policy. In the event that the information in this policy is spread out without our permission, we have neither legal liability nor accountability for the matters involved.

Any information in the agreement between Hyperfavor and artists is absolutely confidential. In the event that any party allows the disclosure of information, that party is completely responsible for resolving the relevant issues as well as compensating the other party for damages.