TERMS OF SERVICE
Dynomighty empowers the world's artists to earn money from their artwork by making it immediately available for sale as a variety of products - without giving up control of their rights. Artists first, we understand the importance of representing one's work with quality and respect, and we also believe it is essential that all Dynomighty users respect copyright. Whether an artist, a customer, or even if you're just browsing, please respect the copyright of all the works you see or buy on Dynomighty. Please be aware that when you post your work to Dynomighty, it will be publicly available for the world to view, or buy as a product. It is your responsibility to make sure that you are upholding your legal responsibilities and not breaking any laws by publishing your work through Dynomighty.
By using the services on the websites of Dynomighty, Inc., a New York State based company ("Dynomighty"), including without limitation, Dynomighty.com and other related websites where this agreement appears, you are agreeing to the following terms of service, including those available by hyperlink, with Dynomighty and the general principles for the websites of our subsidiaries and affiliates. If you do not agree with its terms, do not use this website.
Dynomighty provides a range of services (the "Dynomighty Services") including but not limited to, enabling you to publish, sell, comment on, promote, and purchase art related products; interact with other members; and receive the benefits of Dynomighty's product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer service.
CONTENT & COPYRIGHT POLICY
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. Dynomighty does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through Dynomighty. When you submit, post, upload, display, or sell Content, you grant Dynomighty a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.
All approved artists receive 15% of Net e-commerce Sales. E-Commerce sales consist of the artist's wallets sold through the Dynomighty website.
Download the License Terms for Artists Collective
Dynomighty has the right to sell approved designs, and it is the intention of Dynomighty to make each design available for sale whenever possible, it is not obligated to continue sales for any specified period of time and may at it's own discretion decide to discontinue any designs.
Dynomighty does not manually screen 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.
When you post, submit, or upload Content on the Dynomighty 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 the right to display, reproduce and sell the Content as Dynomighty products. You license Dynomighty to use and sub-license the Content in accordance with this Agreement;
- you and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or right of privacy;
- you or your Content, and your use, storage, reproduction and display on Dynomighty will comply with all applicable law, rules and regulations;
- your 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;
- your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
Dynomighty reserves the right to review, and if necessary remove, any Content from the website or to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws, or otherwise.
This means that you, and not Dynomighty, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via the Dynomighty Services. Dynomighty does not control the Content posted via the Dynomighty Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Dynomighty Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Dynomighty be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Dynomighty Services.
You understand that you will be exposed to Content from a variety of Dynomighty users and that Dynomighty is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dynomighty with respect thereto, and agree to defend, indemnify and hold harmless Dynomighty, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the Dynomighty Service.
While we try to offer reliable data, we cannot promise that the Content and postings on the Dynomighty websites will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on the Dynomighty websites.
Procedure for reporting Copyright Infringements:
Dynomighty has a zero tolerance policy for infringement on another's copyrights and other intellectual property rights. You take full responsibility for the artwork that you upload for sale as products and display on Dynomighty. It is Dynomighty's policy to expeditiously remove Content that it believes may contain material that infringes upon the copyrights or other intellectual property rights of third parties. Dynomighty, in its sole discretion, may terminate your account the first time you post copyrighted material. We retain, in our sole discretion, the right to review individual instances on a case-by-case basis prior to termination of accounts.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"), Dynomighty has established robust standards regarding copyright infringement. Dynomighty's Designated Agent to Receive Notification of Claimed Infringement ("Copyright Agent") can be contacted here
or at the following:
Attention: Copyright Agent
18 Bridge Street, #4G
Brooklyn NY 11201
Only DMCA notices should be sent to the Copyright Agent. For all other requests for technical support, feedback, comments, and other communications please contact Member Support
If you believe that Content or other material residing on or accessible through the Dynomighty Service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Copyright Agent:
- An electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Dynomighty is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Dynomighty otherwise comes to believe in good faith that Content on the Dynomighty website may contain material that infringes copyright, it is Dynomighty's policy to (1) remove or disable access to the Content or other material identified in the notice of claimed infringement; (2) notify the Dynomighty user that it has removed or disabled access to the Content; and (3) terminate any Dynomighty user account that has uploaded or posted Content that violates this Copyright Policy and/or these Terms of Service in more than one instance.
Procedure to Supply a Counter-Notice to the Copyright Agent:
If you, as the Dynomighty user believe that the Content that was removed or to which access was disabled is not infringing, or if you believe you have the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice containing the following information to the Designated Agent:
- An electronic signature of the Dynomighty user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Dynomighty user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Dynomighty user's name, address, telephone number, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Dynomighty user's address is located, or if the Dynomighty user's address is located outside the United States, for any judicial district in which Dynomighty is located, and that such person or entity 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, Dynomighty may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Dynomighty user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Dynomighty's discretion.
Dynomighty is founded on respect for others, and we take this very, very seriously. While using the Dynomighty Services you agree not to:
- post Content or products in an inappropriate category or areas on our websites and services;
- violate any laws, third party rights, or our policies;
- use our websites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our websites;
- interfere with other user's posts;
- post or provide false, inaccurate, misleading, incomplete, defamatory or libelous Content;
- take any action that may undermine any ratings system that Dynomighty may use;
- transfer your Dynomighty account and user identification to another party without our consent;
- distribute viruses or any other technologies that may harm Dynomighty or the interests or property of Dynomighty users;
- copy, modify, or distribute (i) Content from any Dynomighty website or (ii) any Dynomighty copyrights or trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Dynomighty official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Dynomighty Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- "stalk" or otherwise harass another.
Violation of any of these agreements will result in the termination of your Dynomighty account. While Dynomighty prohibits such conduct and Content on its site, you understand and agree that Dynomighty cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Dynomighty Service at your own risk.
Dynomighty and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Dynomighty Services. Without limiting the foregoing, Dynomighty and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Dynomighty or submitted to Dynomighty, including without limitation information in Dynomighty collaborations, posts and in all other parts of the Dynomighty Services.
You acknowledge, consent and agree that Dynomighty may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Dynomighty, its users and the public.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted Content, and take technical and legal steps to keep users off the Dynomighty websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
You do not have to register to use the Dynomighty Service. However, in order to post Content to Dynomighty, whether for sale or not, you must register. To register, you must create a user account, which includes a valid email address and password. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another's Dynomighty account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dynomighty immediately of any breach of security or unauthorized use of your account. Although Dynomighty will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dynomighty or others due to such unauthorized use.
Dynomighty reserves the right to refuse registration or cancel a Dynomighty user account in its sole discretion.
FEES AND SERVICES
When you sell a product, or use a service that has a fee, you will be charged then current fees, which we may change from time to time. Changes to our fees are effective after we provide you with at least fourteen (14) days' notice by posting the changes on the Dynomighty websites, email notification, or by other means. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the websites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our websites and services.
You will not hold Dynomighty responsible for other users' Content, actions or inactions, or collaborations. We have no control over and do not guarantee the quality, safety or legality of collaborations advertised, the truth or accuracy of users' Content, the ability of parties to deliver on collaborations or that the parties will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of the websites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our websites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
You must ensure that your access to this website and the Dynomighty 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 Dynomighty's Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own 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 Dynomighty Service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Dynomighty 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 users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
If you have a dispute with one or more users, you release us (and our 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. You agree that Dynomighty has no control over and does not guarantee the delivery of the advertised collaborations and that Dynomighty shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
If you use any of our trade marks in reference to our 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).
Dynomighty 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.
ACCESS AND INTERFERENCE
Much of the information on the websites is updated on a real-time basis and is proprietary or is licensed to Dynomighty by our users or third parties. All intellectual property rights in this website and the Dynomighty Service (including the software and systems underlying the Dynomighty Service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. You agree that you will not use any robot, spider, scraper or other automated means to access the websites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for your information) from the websites without the prior expressed written permission of Dynomighty and the appropriate third party, as applicable;
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- interfere or attempt to interfere with the proper working of the websites or any activities conducted on the websites; or
- bypass any measures we may use to prevent or restrict access to the websites.
TERMINATION OF ACCOUNT
Dynomighty may terminate your access to all or any part of the Dynomighty Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Dynomighty Service at any time, provided that all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Dynomighty will terminate your access to the site if you are determined to be, in Dynomighty's sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Service.
Dynomighty may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Dynomighty's registered agent in the State of New York (with respect to notices delivered to Dynomighty) or to the email address you provide to Dynomighty during the registration process (with respect to notices provided to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you legal notice by mail to the address provided during the PayPal verification process. In such case, notice shall be deemed given three days after the date of mailing.
RESOLUTION OF DISPUTES
If a dispute arises between you and Dynomighty, you and Dynomighty agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as Dynomighty and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within the State of New York . You agree that any claim or dispute you may have against Dynomighty must be resolved by a court located in King's County, New York or the United States District Court for the Eastern District of the State of New York. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Dynomighty must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Dynomighty may recover attorneys' fees and costs up to the greater of (i) its actual attorneys' fees and costs or (ii) $1,000, provided that Dynomighty has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this website. Except as stated elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and Dynomighty. This Agreement sets forth the entire understanding and agreement between you and Dynomighty with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Content & Copyright Policy, Release, Liability, Indemnity and Resolution of Disputes.
Please only flag content that is in violation of the following: nudity, prohibited or illegal content, private and confidential information
, violence and gore, or the promotion & glorification of self-harm.
Please only flag comments that are in violation of the following: pornographic content, abuse that has escalated beyond a user dispute, spam, hate speech, personally identifiable information