Terms and conditions

Ohh Deer Ltd ("Ohh Deer") provides service to you subject to the following terms of service, which may be updated by us from time to time without specific notice to you. These Terms of Service apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. Please read these Terms of Service carefully.

By using and/or visiting the ohhdeer.com website or any other websites or pages owned or controlled by Ohh Deer, you consent to both these Terms of Service and our Privacy Policy, which is incorporated by reference. Ohh Deer cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service.

Artist Account

We provide services (referred to in these terms as our Services) which are primarily designed to help creatives share and offer products for sale, and to enable buyers to purchase those products.

As an Artist you must open an account on the Ohh Deer site , providing your name and email address and create an Artist profile. Your details must be complete, correct and true. Where you provide us with a photo and other information in your bio ,or Artist profile, you acknowledge that we may make that photo and information available to the public via the Ohh Deer sites.

Artist Payment

Where we sell products via Marketplace which feature your Content, your Artist account will be credited with a royalty of a percentage of the net sales value (being the amount which we receive for the product, minus VAT). The royalty percentages for each marketplace product are shown below.

  • Greeting Card - 20%
  • Notebook - 20%

Where we launch new products we will update this chart with the new royalty rates which apply to those new products.

We reserve the right to adjust the royalty rates at any time at our discretion. Royalties are paid 30 days after the closure of the marketplace period. It is essential that creators have their own Paypal account as this is the only way through which royalties can be paid.

To receive your royalty payments you must enter your PayPal payment details and Invoice details via the Artists details page of your Artist account, which can be accessed via your Ohh Deer account page, and going to the Marketplace section. Ohh Deer will not be held liable for any payments outstanding due to missing information.

In the event that we pay a refund to a customer for any reason, we reserve the right to deduct, cancel or reclaim the related royalty payment from you.

If a payment remains unclaimed after 30 days it gets returned to us by PayPal. Ohh Deer will not be liable for any payments which are unclaimed, due to an incorrect PayPal email being added to an account or for any other reason. Unclaimed funds will remain pending on a creator’s account until a valid PayPal email is added, or for the duration of one calendar year. If, after this time, a payment is still outstanding, the royalties will be forfeited and any payment due will be cancelled.

Your Content

You retain all ownership rights to your Content, but by uploading your Content or otherwise making your Content available for promotion and sale via the Ohh Deer sites, you grant us a worldwide, non-exclusive, sub-licensable, transferrable licence to store, reproduce, crop, frame, modify, copy, distribute, prepare derivative works of, display, make available to third parties and otherwise use your Content in connection with:

  • the promotion and sale of products including but not limited to greeting cards, notebooks and any other products of any nature which we make available for sale from time to time via the Ohh Deer sites or any other platforms under the Ohh Deer brand (including but not limited to Amazon);
  • the promotion of your logo/brand/personal imagery and location to inform customers/audience of the Ohh Deer Marketplace
  • the promotion of the Ohh Deer business or any part of it in any medium and via any media.

We respect the intellectual property rights of others and we ask our Artists to do the same. You are responsible for your Content and for ensuring that you have the necessary rights to use your Content and to grant the licence described above. If we receive notice claiming that any of your Content infringes the rights of a third party, we may remove your Content from sale without notice and you will be liable to us for any loss suffered as a result of such infringing content.

CONTENT STANDARDS

You must not use the Ohh Deer sites to upload, distribute or share any prohibited content including but not limited to the following:

  • copyrighted material used without the express permission of the owner or which otherwise infringes the intellectual property rights of any third party;
  • material that violates the rights of others;
  • material that contains viruses, worms, trojan horses or other forms of corruptive code, or any other content that may compromise the Ohh Deer sites;
  • material that advocates illegal activity;
  • material we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
  • material we believe may harm or in any way discredit other businesses, organisations or entities
  • material that, in any way, is harmful to minors;
  • material which is in breach of any applicable laws, rules or regulations;
  • material that provides a link to any of the above; or
  • material which is otherwise in breach of these Artist Terms.

You warrant that your Content complies with the standards set out above. We have the sole discretion to determine whether content is prohibited content, and we may examine content submitted to the Ohh Deer sites from time to time. We do not monitor or control the content posted to the Ohh Deer sites and we do not take responsibility for such content. However, we may delete or move content for any reason, at any time, without notice.

If you have reason to believe at any time that Content does not comply with the content standards set out above, you must let us know by contacting us at help@ohhdeer.com

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

You retain all of your ownership rights in your Content but by uploading your Content or otherwise making your Content available for promotion and sale via the Ohh Deer sites, you grant us a worldwide, non-exclusive, sub-licensable, transferrable licence to store, reproduce, crop, frame, modify, copy, distribute, prepare derivative works of, display, make available to third parties and otherwise use your Content in connection with:

  • the promotion and sale of products including but not limited to greeting cards, notebooks and any other products of any nature which we make available for sale from time to time via the Ohh Deer sites or any other platforms under the Ohh Deer brand (including but not limited to Amazon);
  • the promotion of your logo/brand/personal imagery and location to inform customers/audience of the Ohh Deer Marketplace
  • the promotion of the Ohh Deer business or any part of it in any medium and via any media.

We respect the intellectual property rights of others and we ask our Artists to do the same. You are responsible for your Content and for ensuring that you have the necessary rights to use your Content and to grant the licence described above. If we receive notice claiming that any of your Content infringes the rights of a third party, we may remove your Content from sale without notice and you will be liable to us for any loss suffered as a result of such infringing content.

YOUR LIABILITY

You are responsible for your Content and your compliance with these Artist Terms. You agree to indemnify, defend and hold us, our directors, employees, subcontractors, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses of whatever nature that arise directly or indirectly out of or from any of the following:

  • your breach of any provision in these Artist Terms;
  • any claim from a third party relating to your Content;
  • any allegation that your Content or any materials that you submit to us or transmit to or via the Ohh Deer sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property rights or other rights of any third party;
  • your activities in connection with the Ohh Deer sites and our Services.

The above indemnity will apply without regard to the negligence of any party, including any indemnified person and will survive termination of your creator account however occurring.

TERMINATION OF ACCOUNT

We reserve the right to disable or terminate at any time, in full or in part and without further notice, your Artist account and your right to use our Services, and to remove and discard your Content for any reason.

In particular but without limitation we have the right to disable or terminate your Artist account and your use of our Services at any time, if in our reasonable opinion:

  • you have failed to comply with any or all of the provisions of these Artist Terms;
  • you have violated any other applicable regulations, guidelines or laws;
  • your conduct is harmful or detrimental to Ohh Deer or other users, our services or any third parties; or

You have the right to close your Artist account and terminate your use of our Services at any time by contacting us at help@ohhdeer.com

In the event that your Artist account and use of our Services is disabled or terminated for any reason, you will no longer be able to log into your Artist account and your Artist profile will be removed from the Ohh Deer sites. Data associated with your account may be retained by us in accordance with our privacy policy and you will continue to be responsible all of your Content which you made available via our Services prior to such termination.