Creator License Agreement
Creator License Agreement
Effective January 1, 2024
The following terms of this Creator License Agreement ("Agreement") apply if you create Products with My Mosaic Inc.'s ("My Mosaic," "We," or "us") design tools and/or post Content to be displayed and/or offered for "distribution" (i.e., for use on digital or physical Products) on websites, mobile sites, via marketplace listings, and/or apps that are: (i) owned or operated by or for My Mosaic, or managed by a My Mosaic-owned account, or (ii) on My Mosaic-branded pages on which Products are displayed and posted for sale (collectively, "Site"). Users of the Site who upload Content for digital or physical Products are referred to as "Creators."
Licenses.
By uploading Content to the Site and/or creating Content with My Mosaic's design tools, you grant the following licenses to My Mosaic: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Content (a) in or on Products and (b) in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site, your Content and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Content and/or Products; (ii) promotional "streams" of audio/video/photographic content, including but not limited to your Content, on the Website, (iii)Products or Content placement in magazines, television shows, movies, and other media; and (iv) the distribution of Content and Products available on the Site through third party product feeds and websites. You also grant us the license and the right to make modifications to your Content as necessary for viewing/download/sale on a particular Product, as applicable, or for other manufacturing or Site-related purposes.
You retain all copyright and other intellectual property rights in your Content. You may delete or hide your Content 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. Upon the removal of Content, the licenses above will terminate, except that My Mosaic may continue to use or access your Content (i) to fulfill any orders placed prior to termination and for a period of ninety (90) days thereafter, (ii) in marketing and promotional materials if such materials were created prior to removal of the Content, and (iii) to defend against or respond to infringement claims.
Tags, Spam and Descriptions.
General.
My Mosaic and its community work together for their mutual benefit to keep the Site and related programs working properly and in a secure manner.
At the time you post Content for distribution, you may be asked to provide information (title, description, tags and/or categories (collectively, "metadata") about your Content so that Users of the Site can search and find relevant Products. You will make best efforts to provide accurate, non-misleading, non-infringing information about your Content and you agree not to submit unrelated information in connection with your Content for any purpose. If My Mosaic determines that your information is misleading or inaccurate or that it violates the rights of a third party, My Mosaic may delete such information, delete your Content entirely, and/or terminate your Account, in its sole discretion.
There are several key pieces of information about your Content and Product that My Mosaic may use 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 Content and Products. 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.
You hereby agree not to engage in script writing or other unacceptable backdoor computing practices in an effort to post multiple Products for distribution. My Mosaic also reserves the right to remove from the Site, Products or Content at any time for any reason or no reason and with or without notice.
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 My Mosaic, other Creators, Users and third parties, and in accordance with applicable laws and regulations.
Please report problems, offensive Content, and policy violations to us at alex@wearemymosaic.com
What is prohibited?
Here are some of the basic rules for labeling your Content and Products:
● Only use accurate and relevant terms that describe the specific Content or Product in your listing.
● You may not set the maturity rating of your Content or Products inaccurately. In other words, if your Content or 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 Content or Product is appropriate for everyone, please rate it "Rated-G".
● For Content or Products with descriptions that include minimum age requirements, you may only publish Content that is consistent with such requirements.
● You may use relevant synonyms.
● You must not label Content or Product with related, but inaccurate words.
● You may not intentionally misspell your Content or Products (unless such misspelling is part of the Content).
● You may use a short descriptive phrase as a tag if it accurately describes your Content.
● You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
● You should only state what the Product 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 malicious tags or descriptions.
● You may not use copyrighted or trademarked material, unless you are the IP holder.
● Tags or attributes that are duplicates are not allowed.
If you do not follow the rules set forth above, My Mosaic may:
● Delete the Content or Product(s);
● Suspend your account with My Mosaic;
● Withhold any Earnings for Content or Products that contain inappropriate or inaccurate descriptive information; and/or
● Terminate your Account (you hereby agree to forfeit any Earnings if My Mosaic, in its sole discretion, finds it necessary to terminate your Account for violation of the rules in the User Agreement, this Agreement and/or any of the Policies).
How does My Mosaic enforce these rules?
My Mosaic 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 Content or Product(s) unavailable;
● Delete your Content or Product(s);
● In the case of certain repeat offenders, we will, in our sole discretion, withhold payment of your Earnings; and/or
● 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 the Site and any related content, services and tools, delay or remove Content and Products from the Site and discontinue our relationship with any Creators who 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. Also, we reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service.
Pricing.
My Mosaic determines, in its sole and absolute discretion, the price at which Products are offered on the Site and affiliated sites.
Royalty.
My Mosaic will pay you a royalty for all sales of Products incorporating your Content for which My Mosaic receives payment ("Royalty"). For Marketplace Products incorporating your Content, My Mosaic's standard royalty rate is fifteen percent (15%) ("Standard Royalty Rate").
Your Royalty will be calculated as follows:
● The Standard Royalty Rate multiplied by Net Sales of physical Products incorporating your Content. "Net Sales" means the purchase price received by My Mosaic minus amounts charged for (i) shipping and handling, packaging and insurance; (ii) sales or similar taxes; (iii) refunds, credits, and reversals; and (iv) upcharges for special sizes, embellishments, and other add-on charges ("Upcharges").
● Referral Carveout: If the sale of a Product is to a User referred from graphical or text links displayed on products, promotions, emails and/or web properties other than the Site, My Mosaic will retain a referral carveout fee of fifteen percent (15%) of your Royalty for the Product.
Royalties are only paid on Products that incorporate your Content.
We encourage you to review our guidelines and familiarize yourself with what constitutes Content violation. As noted above, you agree that you will forfeit any Earnings for Content or Products that violate our Content guidelines and rules.
Payment Terms.
For Payment Terms, please see the My Mosaic User Agreement
Ineligible Sales.
My Mosaic will not pay you Earnings or Royalties for sales of any Products that incorporate Content that violates this Agreement, the My Mosaic User Agreement or any of your representations below. For example, if My Mosaic discovers that your Content infringes someone else's copyright or that you do not have the right to use the Content, My Mosaic reserves the right to reverse all Earnings and/or Royalties for such Content, whether due or already paid.
Special Programs.
We may make your Content available to some of our partners in connection with certain special programs, arrangements, and Extended Offerings (see "Extended Offerings" section of My Mosaic User Agreement for specifics). In such cases, the Standard Royalty Rate will not apply and will be governed by the terms of such Extended Offering.
We may make certain special programs available to some or all of our Creators. In such cases, your participation is voluntary and if you choose to participate, you will be bound by (i) the terms of the invitation email or any updates; or (ii) once the special program is available to all Creators, the terms posted on the Site, which terms will control. For the sake of clarity, the Standard Royalty Rate may not apply under such special programs.
For Payments of Earnings, see the My Mosaic User Agreement.
Marketing and Promotions.
My Mosaic may market, promote, distribute and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. My Mosaic may run promotions (including volume discounts and special sales discounts). My Mosaic 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 My Mosaic actually receives for the sale of Products and that the Standard Royalty Rate may not apply in all such instances.
Representations.
You represent that:
● You are the owner of the Content or that the Content is in the public domain;
● You have the legal right grant this license to My Mosaic and to enter into this Agreement;
● To your knowledge, no one else claims ownership of, or exclusive rights to, the Content;
● The Content does not infringe the privacy, celebrity, moral or other rights of any third party;
● The Content does not contain any defamatory, obscene or discriminatory content or any illegal material; and
● My Mosaic may legally make and sell Products incorporating the Content 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.
Release.
If you have a dispute with one or more Users or Creators, you release My Mosaic (and My Mosaic'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. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
User Agreement.
This Agreement supplements the My Mosaic User Agreement, which is incorporated by this reference.