PatternSpot.com Designer Electronic Publishing and Distribution Agreement
When you upload ePattern(s), this agreement will display in a pop-up window. Click the “Agree” button in that window to accept this agreement and continue uploading your ePattern(s). Click the “No” button to reject this agreement and discontinue the upload process.
Welcome to PatternSpot.com, owned by C&T Publishing, Inc. (hereinafter “PS.com”), a content management and file download platform consisting of websites, services, and networks that allow for the authorized download and distribution of digital content over the internet (the “PS.com Platform”).
Designer conveys to PS.com the non-exclusive electronic publishing and distribution rights to all Content uploaded to the PS.com Platform and incorporated herein by reference. Designer may upload the patterns to different websites.
Designer warrants and represents that the Content is the original product of Designer and/or Designer has sole and exclusive right to the electronic publishing rights in, to and over the Content in writing, and the Content as delivered to PS.com does not in whole or in part violate any existing copyright, trade secret, patented process, idea, method or device, or other proprietary or contractual right of any party.
Designer shall defend, indemnify and hold PS.com harmless from and against any and all claims, actions, or liabilities for damages, costs and expenses related in any way to the Content for all claims arising out of Designer’s alleged breach of any covenant or warranty made herein.
PS.com shall make its best efforts to promote and distribute the Content throughout the world in accordance with the terms and conditions of this Agreement. PS.com shall defend Designer against any and all claims which arise out of the use of the technology utilized by the PS.com Platform.
PS.com shall remain the sole and exclusive owner of all rights to the PS.com Platform and the Designer shall remain the sole and exclusive owner of their Content. The Designer is simply granting the non-exclusive electronic publishing and distribution rights to the Content. The Designer is free to grant these rights to other parties or to exploit the rights themselves.
The Designer shall determine the following criteria for their Content:
As a Designer at PatternSpot.com you have the opportunity to earn up to 70% of all net sales of your patterns sold on PatternSpot.com. Simply by adding one of our beautiful Blog or Website Badges to your own blog or website, you will qualify to receive 70% of all net sales received for your patterns or other content. If you do not place one of our Blog or Website Badges on your own Blog or Website, then PatternSpot.com agrees to pay Designer the default amount of 55% of all net sales received for their Content, adjusted for and subtracted by refunds or returns granted by PatternSpot.com.
Designer agrees to set up and maintain a PayPal account in order to make and receive payments under this agreement.
Payments shall accrue upon PatternSpot.com’s receipt of net sales and shall be paid to Designer by the 15th of each month for net sales made in the prior month. PatternSpot.com shall discontinue all payments should a claim occur regarding the legitimacy of the Designer’s copyright in the Content until the issue is resolved.
"Net sales" shall mean the actual amount collected from the customer, less actual returns and allowances stated above. No payments shall be paid on Content that is given free of charge for promotional, review or other purposes.
From time to time, PatternSpot.com may offer shoppers discounts off the listed price in order to increase sales of ePatterns. Designers agree to opt in to specials and discounts as they occur on PatternSpot.com. Designers will have the ability to offer discounts or specials on their own Content at their own discretion. Designer may remove Patterns from sale if they would like to opt out of a special discount running on PatternSpot.com.
From time to time, PatternSpot.com may send promotional notices to its users showcasing patterns and designers. Designer agrees to allow PatternSpot.com to use their name, likeness and photos uploaded to the site for the purpose of promoting the Designer and the website.
Either party may terminate this agreement by written notice at any time. Either party can stop selling at any time by removing the Content from PatternSpot.com and making or requesting a final payment.
In the event of termination by Designer, within ninety (90) days, PatternSpot.com shall submit to Designer statements and payment of net sales through the date of termination.
PatternSpot.com agrees to keep complete and accurate books and records for a period of one year from expiration of the agreement or any extensions thereof.
All materials PatternSpot.com provides to Designer shall be presumed to be Confidential Information unless otherwise expressly agreed in writing.
Any controversy or claim arising out of this agreement or breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and upon judgment, the award may be entered in the highest court of the State of California having jurisdiction. Arbitration shall take place in the County of Contra Costa, State of California.
Any notice required under this agreement shall be delivered to PS.com at the following address: 1651 Challenge Drive, Concord, CA 94520. Any required notice shall be delivered to the Designer at the address listed in their account information on the PatternSpot.com Platform.
This agreement shall be governed by the laws of the State of California.
This agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended or changed in any way except by written agreement signed by both parties hereto. This agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.