Merchbox Usage Policy
Intellectual Property (IP) Usage Rights for Artists
When you submit a design to Merchbox, you retain ownership of your work while granting us permission to use it for our print-on-demand services. This document outlines the terms of our partnership, including your responsibilities as an artist.
1. Ownership of Your Design
You own your design:
As the artist, you retain full ownership of the copyright to your original design.
You are free to use, display, or license it elsewhere, unless otherwise agreed with us.
2. License Granted to Merchbox
What we can do:
By submitting your design, you grant Merchbox a non-exclusive, worldwide license to:
Reproduce your design on products (e.g., t-shirts, caps, prints, stickers).
Sell those products through our platform and partners.
Modify the design as needed (e.g., resizing or colour adjustments) for product compatibility.
Sub licensing. We may share your design with third-party partners (e.g., manufacturers) solely for production and sales purposes. Any and all other uses require your explicit approval.
3. Duration of the License
How long we can use It:
The license is perpetual, lasting as long as your design remains on our platform.
You may terminate it at any time (see Section 6).
4. Exclusivity
Non-exclusive license:
The license is non-exclusive, meaning you can license your design to
others or use it yourself, provided it doesn’t conflict with the rights granted to us.
5. Compensation
How you get paid:
You’ll earn a royalty for each product sold with your design, based on the product, and agreed renumeration benefits. The rates are displayed in the latest catalogue, with payments due to you issued on the 1st of the month via bank transfer.
6. Termination of the License
Ending the agreement:
Either party may terminate this agreement with 30 days written notice.
If you terminate, we’ll stop selling products with your design after the notice period.
If we terminate, we’ll notify you and cease use after the notice period.
Post Termination: No new products will be made or sold with your design, though we may sell off existing inventory.
7. Your Warranties and Representations
Your promise to us: By submitting your design, you confirm that:
Merchbox may reproduce your design on products (e.g., t-shirts, mugs, prints).
It does not infringe on any third-party rights (e.g., copyright, trademarks, etc).
You have legal authority to grant us this license.
8. Legal Recourse for IP Usage of Other Brands
Your responsibility:
As the artist, you are solely responsible for ensuring your design does not infringe on the
intellectual property rights of others. This includes compliance with South African laws such as the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and the Patents Act 57 of 1978, which govern copyrights, trademarks, and patents respectively.
Our responsibility as a hosting/printing company:
Merchbox acts only as a sales platform and printing service. We do not review or verify the originality or legality of your design. Under South African law, we are not liable for any IP infringements arising from your design, as we are not the creator or licensor of the content.
Indemnification:
You agree to indemnify and hold Merchbox harmless from any claims, damages, legal fees, or liabilites resulting from your design infringing on others’ IP rights. This means you will cover any costs or damages we incur due to such infringements, consistent with South African principles of dilectual liability.
Legal recourse:
If an IP infringement claim arises, you, as the artist, are the primary party responsible for addressing and resolving it. Merchbox may remove your design from our platform if notified of a potential infringement, but the legal responsibility remains yours. Artists are responsiblefor any consumer claims arising from their designs, and Merchbox is not liable for such issues.
Notice-and-takedown procedure:
If Merchbox receives a complaint alleging your design infringes on third-party IP rights, we will notify you by the contact details provided, and may remove the design from our platform within 7 business days. You have 14 days to respond with evidence of your rights to the design. If unresolved, the design will remain removed, but legal responsibility remains yours.
9. Governing Law and Dispute Resolution
Legal framework: This agreement is governed by the laws of the Republic of South Africa.
Any disputes arising from this agreement will be resolved through arbitration in Durban, per the Arbitration Act 42 of 1965 or other applicable laws. International disputes are still governed by South African law, and arbitration in Durban applies, to minimise jurisdictional conflicts.
10. AI-Generated Content Policy
Merchbox prohibits the sale of AI-prompted artworks. We are committed to providing a safe space where artists can showcase and sell original works. We are committed to striking the right balance between enabling our artists to leverage new creative tools and technologies while ensuring that Merchbox remains a marketplace known for its original artworks created by real artists. To maintain the integrity and authenticity of the art displayed on our platform, we have established the following policies regarding the use of AI in creating artwork:
- Originality Requirement: All artwork uploaded to our platform must be original and created by the artist as stated in our terms. While we allow the use of AI tools during the preliminary stages of creation, the final artwork output must be the artist’s work and not solely generated by AI.
- AI Tool Usage: Artists may use AI tools to assist with brainstorming, generating ideas, or creating initial drafts. However, the final piece should be significantly transformed and
developed beyond what the AI produced. This transformation should reflect the artist’s
individual creativity, style, and effort. - Disclosure: If AI tools were used at any stage of the creation process, artists must disclose this information in the description of their artwork. Transparency about the use of AI helps maintain trust and integrity within our community.
- Prohibited Content: Uploading artwork that is entirely generated by AI without significant human modification is PROHIBITED. Such submissions will be removed from the platform.
- Respect for Copyrights: Artists must ensure that any AI tools used do not infringe
on existing copyrights or intellectual property rights. The use of AI-generated content that
replicates or closely mimics existing works is not allowed.
- Review Process: Our team reserves the right to review and assess the originality of
uploaded artwork. If an artwork is found to violate our AI policy, it may be removed, and the artist may be contacted for further information or clarification.
This policy is intended to preserve the integrity and originality of work offered on the platform and to ensure that all designs reflect genuine human creativity. Any violation of this policy may result in removal of content, suspension of the vendor’s store, or termination of the account,
at Merchbox’s sole discretion.
11. Additional Terms
Updates: We may update these terms periodically, with significant changes communicated to you with 14 days advance.
Data privacy: Merchbox complies with the Protection of Personal Information Act 4 of 2013 (POPIA) in handling your personal information. See our privacy policy on our website or contact us for details.
Force majeure: Merchbox is not liable for failure to perform obligations due to events beyond our control, such as natural disasters or supply chain disruptions.
Support: Contact us at info@merchbox.co.za with any questions.