Contributor T&C

By agreeing to these Terms & Conditions you can become a Contributor to Dzyn Space

It is free to create a Contributor account. With a Contributor account, you can create templates and add digital images to our library. When sold on Dzynspace you will get an agreed Contributor Share of the sell price.

1. What is Dzynspace

Dzynspace operates an online graphic design platform that also includes a digital asset library. Users purchase templates and digital assets created by Contributors (“Submitted Items”).  You acknowledge and agree that Users may use any Submitted Items created by you in Dzynspace for the agreed Contributor Share and the User is under no obligation to inform Dzynspace or you of the uses made of any Submitted Items.

2. Eligibility

In order to sign up as a Contributor, you must:

A) be at least eighteen (18) years old and legally able to enter into contracts;
B) complete the registration process;
C) agree to these Terms; and
D) provide true, complete, and up-to-date contact and billing information.

Dzynspace may choose to impose submission limits on Contributor accounts or reject Submitted Items at the sole discretion of Dzynspace. Excessive submissions that do not adhere to Dzynspace guidelines may result in the termination of your Contributor account.

3. Term

When you sign up and agree to these Terms, the Agreement between you and Dzynspace is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Contributor account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username, password and clicking the “Login” button means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

4. Closing Your Account

You or Dzynspace may terminate the Agreement at any time and for any reason by terminating your Contributor account or giving notice to the other party. Dzynspace may suspend your account at any time, with or without cause. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account. All the Submitted Items in your account (including your templates, photos, created images and icons) can be returned to you by notifying Dzynspace at hello@dzynspace.co.nz. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

5. Warranty

You warrant that all Submitted Items contributed by you to Dzynspace:

A) are your own original work in which you own or hold the relevant copyright;
B) will not infringe the rights of any third party (including any intellectual property rights);
C) are not (or could not reasonably be seen to be) overly offensive, pornographic, profane, indecent or otherwise illegal;
D) are not (or could not reasonably be seen to be) defamatory of any particular person or group of people; and
E) do not advertise, promote or solicit any particular goods or services, or otherwise are a form of trade or commerce.

6. Indemnity

You agree to fully indemnify and hold Dzynspace (and Dzynspace’s officers, employees, agents and related entities) harmless against any and all liabilities, claims, losses or damage incurred as a result of any Submitted Items you submit, or as a result of any breach by you of these Terms and Conditions (and in particular the warranties contained at clause 5). Notwithstanding the above indemnity, Dzynspace and/or Dzynspace’s related entities retain the right, at your cost, to assume the conduct of any defence to a claim brought against Dzynspace, and of any proceeding or appeal issued by us, and you agree to provide all reasonable cooperation that we may require from you in relation to such claim, proceeding or appeal.

7. Releases

By submitting a Submitted Item to Dzynspace, you agree to provide valid and accurate releases for all Submitted Items you upload to Dzynspace that, in our judgment, contain an identifiable face, identifiable person, other identifiable attributes, or property. If you do not have a release for the Submitted Items that contain an image(s) of an identifiable person or property, Dzynspace may choose to reject such content. You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records for all Submitted Items. Any applicable releases are required to be electronically submitted to Dzynspace with the Submitted Item. You acknowledge and agree that the submission of falsified, inaccurate or otherwise defective releases constitutes a material breach of this Agreement and can result in the immediate termination of your account without prior notice.

8. IP Licence

By submitting any Submitted Items to Dzynspace, you hereby grant Dzynspace, a worldwide perpetual, transferable, irrevocable, non-exclusive right and licence to copy,reproduce, create derivative works, publicly display, market, sublicense and commercially exploit any Submitted Items without seeking any further approval by you. You expressly grant Dzynspace the right to commercially sub-license any and all Submitted Items to Users of the Dzynspace website.  This includes the right to republish your Submitted Items in any format.

9. Right of Refusal

Dzynspace has the right to refuse to accept any Submitted Item from a Contributor in its sole discretion. Dzynspace has the right to remove Submitted Items from the website at any time for any reason (including but not limited to Dzynspace’s belief that such Submitted Items would, may ordo subject Dzynspace to legal action or if such Submitted Items violate the terms of this Agreement) or no reason.

You have the right to remove any of your Submitted Items from Dzynspace at any time for any reason. Dzynspace will use reasonable efforts to remove Submitted Items from the website within sixty (60) days of your deactivation of the Submitted Item. However, you agree that any sales made by Dzynspace in respect of such Submitted Items(including sublicences granted that have been removed from the website will remain in full force and effect under the terms of the Contributor Account.

In addition, you also agree that Dzynspace will be able to keep at least a thumbnail of any Submitted Item that you removed indefinitely. If the Submitted Item is deleted, and a User subsequently uses it on Dzynspace, you will still earn a Contributor Share on the Submitted Item even after it has been deleted.

10. Indemnity to a dispute with User

When a User of Dzynspace uses or purchases your Submitted Item, any dispute arising relating to this item is between you (the Contributor) and the User. Dzynspace will not be held liable or need to facilitate the dispute. You will indemnify Dzynspace against any costs associated with costs / losses from a dispute with a User.

11. Contributor Share

Dzynspace will pay you a Contributor Share for each unique purchase of your Submitted Items. The Contributor Share is set by Dzynspace. Initial contributor share rates are outlined below at clause 13, however Dzynspace may modify the Contributor Share and/or payment schedule at any time and will inform the Contributor by e-mail or by posting updated rates on the Dzynspace website. If Dzynspace does modify the Contributor Share, Contributor Shares earned before the effective change in rates will be paid at the rate in effect at the time such Contributor Shares were earned. You may also choose to not receive payment for Submitted Items if used in personal and/or commercial work by informing Dzynspace when submitting the Submitted Items for approval.

12. Usage Rights

By uploading a Submitted Item to Dzynspace you are granting unlimited usage rights to the User of Dzynspace who has paid for the Submitted Item.

The prices for the above usage rights will be displayed by Dzynspace on the website, and may be amended by Dzynspace from time to time.

You acknowledge that while Dzynspace may (in its sole discretion) seek to enforce any usage rights granted to a User in relation to a Submitted Item, Dzynspace accepts no responsibility for, and has no liability to you in relation to, any misuse or breach of usage rights by any User.

13. Contributor Share Rates of their Submitted Items

Contributors to receive 50% of sale to Free Users, 10% of sell price to Subscription (paying) Users.

Details of digital asset usage is available in the Contributor Account Dashboard.

When a Free Trial is given to all Starter Users when they sign up – no commission is paid on any Contributor digital assets used by the Starter in that Free Trial Period

14. Payment Terms

Payment of Contributor Share to your nominated account is made when the balance is above NZ$30.00. Payments above NZ$100.00 are sent without cost to you. Payments under NZ$100.00 incur a NZ$3.00 processing fee.  Contributors voluntarily closing their accounts may request payment of all outstanding Contributor Shares. Where this amount is under NZ$100.00, the usual processing fee will apply. If your account is cancelled for a breach of this Agreement, any contributor share and/or other compensation otherwise payable to you hereunder will be forfeited by you. All payments are made in NZ$.

15. Taxes

Any taxes payable are the responsibility of the Contributor.

16. Governing Law

This agreement and any legal action will be governed by the laws of New Zealand. The New Zealand courts have jurisdiction and venue for any action in relation to this agreement and each of us waives any objection to jurisdiction and venue. However, , in the event of the actual or threaten infringement, misappropriation, or violation of Dzynspace’s intellectual property rights, Dzynspace may pursue legal proceedings in any jurisdiction of our choosing.

17. Contact

Please contact us at hello@dzynspace.co.nz with any questions regarding this Agreement.

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