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These Terms were most recently updated on 02/08/2018

Basis & Definitions

The websites creativehub.io and theprintspace.co.uk and the web application hub.theprintspace.co.uk (Creative Hub) and the associated applications to connect Creative Hub to your ecommerce stores are all operated by Printspace Studios Ltd ("we" or "us"), and will be referred to hereafter collectively as Creative Hub. Creative Hub henceforth means any service provided by Printspace Studios Limited.

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which you may use Creative Hub (Creative Hub) to order prints, mounting & framing (Print Orders) and to instruct us to fulfil art print sales (Print Sales) you have made via your own ecommerce stores.

Any Print Sales you make to Customers (Customers) will be through your own e-commerce storefront. Creative Hub will endeavour to print and deliver (Fulfil) these orders to the Customer on your behalf where these products are products that you have imported from your Creative Hub account. In terms of Fulfilling your Print Sales, a contractual relationship is formed between you and Creative Hub when we receive Fulfilment Orders for provision of Fulfilment services to you, the Creative Hub account holder. The contractual relationship for the Print Sales themselves is between you, the e-commerce store owner, and the Customers who buy products from your ecommerce store; We are not party to this contractual relationship. We will henceforth refer to Print Sales as Print Sales or Image Sales, and this is taken to mean any sales to the Customers that Creative Hub users have made on their e-commerce stores of print products or otherwise that have been created on their Creative Hub account from images they have in their account.

You may share your Images with other users of Creative Hub (Sharees) and you may also receive other user's (Sharers) images (Shared Images) as a Sharee on the Terms set out below.

These Terms will apply to your use of Creative Hub and the contract between us (Contract) for the Product Orders and Fulfilment services we provide, to facilitate the sharing of your Images and other users' Shared Images. Please read these Terms carefully and make sure that you understand them, before registering to use Creative Hub. You accept these terms when you use the Creative Hub. If you refuse to accept these Terms, you will not be able to register for Creative Hub and you should not use any of the services we provide.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 9. We will notify you when we update the Terms and those new Terms will apply for all use of Creative Hub and Services provided after that date. You may cancel your registration to Creative Hub at any time as set out in clause 3.

  1. information about us
    1. We operate Creative Hub . We are Printspace Studios Limited (trading as theprintspace), a company registered in England and Wales under company number 06043884 and with our registered office and trading address at 74 Kingsland Road, London E2 8DL. Our sales tax/ VAT number is GB 913 1746 40.
    2. To contact us, please see our Contact Us page.
  2. registration
    1. You must register and create an account (your Account) if you wish to use Creative Hub. For the steps you need to take to register on Creative Hub, and details of how to use our Services, please follow the instructions on Creative Hub.
    2. You confirm to us that all information provided is true and accurate. You must keep your Account information up to date. We may use the information you provide to verify your identity. We may refuse to accept any registration in our discretion.
    3. You may register free of charge for a basic account including image data storage of up to 10GB (Basic Account). We charge for data storage above 10GB (Additional Data Storage) as detailed in our Storage Charges Page available to view from within a free Basic Account. By registering, you agree to pay these charges if you apply for any Additional Data Storage as set out in clause 9.
    4. Once you have registered, you will receive a Registration Confirmation email from us.
    5. In order to use certain Services, you must provide valid, up-to-date and complete credit card or debit card details acceptable to us, your sales tax/ sales tax/ VAT registration details and sales tax/ VAT number (if you are sales tax/ VAT registered) and any other relevant valid, up-to-date and complete contact and billing details requested, and by providing such details you authorise us to bill such card for any Additional Data Storage in accordance with clause 11 from time to time and/or any other sums due from you to us in accordance with this agreement.
    6. Any Services we provide for you through Creative Hub will be subject to our charges & are available to view from within a free Basic Account at the point at which you create Print Orders, share images, access additional services or setup Print Sales Fulfilment. An up to date price list and information on charges are available on our websites theprintspace.co.uk & creativehub.io however in the case of a discrepancy between prices on our websites and prices that can be viewed when logged in with at least a basic account, the price information when logged in will take precedence.
    7. We reserve the right to decline any application for registration and/or any application for Additional Data Storage at any time for any reason in our discretion.
    8. Your registration will continue and we will provide the Services, in accordance with these Terms, until you or we cancel as set out in clause 3.
  3. your right to cancel and our right to cancel
    1. You may cancel your registration for Creative Hub at any time, by accessing the delete account feature from within your Creative Account.
    2. We have the right to cancel your registration, disable any Account, user name or password at any time. We will notify you if we do so.
    3. If you cancel your registration within 14 days of registering, you will receive a full refund of any charges paid for Additional Data Storage if it has not been used.
    4. If you use any of the Services or Additional Data Storage before you or we cancel your registration and/or if a Customer places an Order for any of your Images, then you will have to pay the charges for those Services and/or Additional Data Storage in accordance with this agreement.
    5. To cancel, please log into your Account and follow the instructions. Or you may contact us by email, letter or phone by using the contact details on our Contact Us page or you may use the cancellation form on Creative Hub.
    6. You may wish to keep a copy of your cancellation notification for your own records.
    7. Details of your right to cancel and an explanation of how to exercise it are provided in the Registration Confirmation.
    8. If your registration is cancelled (by you or us), you will not have any further access to Creative Hub as a user. Creative Hub is not a storage facility for your Images and you must ensure that you have your own storage and backup as you will not have any further access to your Images (or any Shared Images) on Creative Hub.
    9. If a Customer has placed an Order for any of your Images before your registration is cancelled, then you agree that we may fulfil that Order in accordance with these Terms, charge our fees and settle your Account in accordance with clause 17. We may decide not to fulfil that Order and in which case we will notify you.
  4. Payment
    1. Payment is accepted using credit or debit cards or Paypal. Payment by cheque, postal order or credit facility is not supported by Creative Hub and Creative Hub do not recognize any form of payment other than those forms of payment listed on Creative Hub at product order checkouts or on order pages. Creative Hub operates on a cleared funds basis only and will not process any orders for goods or services until payment has been authorized. Furthermore, Creative Hub does not offer credit accounts or the facility to make prepayments on any goods or services offered within.
    2. Should there by any uncertainty regarding the credibility of a submitted payment, Creative Hub reserves the right to suspend the order in question and the offending account may be terminated.
    3. All prices listed are exclusive of Value Added Tax unless expressly stated otherwise. Sales tax/ VAT applies to all transactions for goods or services at the current applicable rate at the time of purchase, subject to the jurisdiction you are located in and our production location relative to your location. Creative Hub will make a best endeavours effort to ensure the correct sales tax/ VAT rate is applied to your order. If you feel this has not happened in any individual instance, please contact us immediately.
  5. restrictions
    1. Users are not permitted to remove any copyright, trademark or any other intellectual property notices contained within the original material or from any material copied or printed from any part of Creative Hub.
    2. Users are not permitted to register on the behalf of another person unless specifically authorized to do so.
    3. Users are expressly forbidden to copy (by printing, storing, or disseminating in any way), alter or tamper in any way, or otherwise use any materials contained in this website except as set within these terms and conditions.
    4. Password security and the security of the confidential information stored within user accounts is the responsibility of the user. Any damage or unauthorized usage including but not limited to copyright infringement caused by any unauthorized access arising from security failure on the part of the user will not be the responsibility of Creative Hub. While Creative Hub will make all possible efforts to ensure the privacy of users is respected, liability for compromised accounts which are the fault of the user will not fall on Creative Hub.
    5. Users are not permitted to request that Creative Hub print images containing or relating to the following:
      1. Racist material
      2. Material that is likely to incite hatred against any person or group
      3. Defamatory or otherwise actionable material
      4. Material that is libelous in nature
      5. Images of any criminal act
      6. Material, the use or inclusion of which infringes any copyright, trademark, or other intellectual property right of a third party, or
      7. Material which breaches any applicable laws or legislation
    6. Creative Hub will not be held responsible for the printing of images that breach the terms and conditions stated within the website and do not claim to be able to have knowledge of the legality of image print request.
    7. Creative Hub reserve the right at their sole discretion to contact law enforcement agents or authorities should it come to pass that anything submitted or processed by us (including images in breach of the above) is unlawful or pertinent to enquiries of a relevant nature. Copies of these images or material may be supplied to law enforcement agents and in connection, Creative Hub reserve the right to divulge otherwise prisales tax/ VATe information to the authorities, including details stored within user accounts.
    8. Creative Hub without notice and at their sole discretion refuse to execute print orders which it deems to be in breach of any of these terms.
    9. Creative Hub also reserve the right to refuse further service pertaining to any person or persons who has knowingly or unknowingly breached any of the terms and conditions of the website.
  6. copyrights and indemnifications
    1. It is the responsibility of the user to ensure that all materials presented for processing, printing, copying, duplicating or disseminating by any means are free from any third party claims for breach of copyright or license.
    2. Users indemnify Creative Hub, its employees and agents, associates and other members against any action, claim, damages, liability, costs or expenses arising from use of this website in breach of these terms or any claim that the processing, printing, or any other dealings with Creative Hub in accordance with these terms of any images uploaded or otherwise supplied by or on behalf of a third party is an infringement of any party's copyright, license, trademark, or intellectual property rights.
    3. The Client acknowledges that breach of copyright in the course of trade and business is both a civil wrong and a criminal offence under the terms of Copyright, Designs, and Patents Act 1988.
    4. Creative Hub will take the utmost care in ensuring privacy and confidentiality of details and images. No responsibility will be undertaken by Creative Hub for theft, unlawful use, etc that has resulted from use of the internet or other delivery method to send and receive files.
  7. your rights
    1. Members retain all intellectual property rights, including copyright privileges to images they have uploaded to the system. However Creative Hub may delete, remove or refuse to print any materials at their sole discretion and without warning.
    2. We may display, modify, print, transmit, distribute or delete any of the images uploaded to Creative Hub or its related systems, provided that this use is necessary to provide any of the services offered by us via the web ordering process or is otherwise afforded by these terms and conditions.
    3. The uploading of any image by any user must be done so lawfully and in doing so a user provides a lawfully binding agreement that they have the right to copy, modify, upload or otherwise manipulate images in relation to the web site and in accordance with these terms. Users may not upload, request or otherwise deal in relation to the web site with any images or other material without the right to do so or the express permission of affected parties/licensees.
  8. personal information
    1. We only use your personal information in accordance our Privacy Policy and in accordance with EU GDPR regulations.
    2. Your details will also be shared with any user to whom you share your Images or from whom you accept their Shared Images.
    3. Limited details of any Customer will be available to you in your Account. You agree that you have given us permission to liaise with your Customers on your behalf in order to perform our fulfilment obligations, and this is the sole purpose for us recording this data and displaying it to you.
    4. You must comply with our Privacy Policy, statutory requirements & GDPR regulations with regard to any Customer information that you have access to. You must treat all Customer, and Sharer's customer, information as confidential. You must not disclose it to any third party unless you have express permission to do so.
  9. our right to vary these terms
    1. We may revise these Terms at any time by amending this page. We will notify you of any changes and any use of Creative Hub after notification will be subject to such amended terms.
    2. Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page
  10. use of Creative Hub
    1. We may update Creative Hub from time to time, and may change the content at any time. However, we are under no obligation to update it. We make no representations, warranties or guarantees, whether express or implied, that the content on Creative Hub is accurate, complete or up-to-date.
    2. We do not guarantee that Creative Hub, or any content on it, will be secure or free from bugs, viruses, errors or omissions. Creative Hub platform is hosted on the Microsoft Azure cloud which includes a high level of security but is not guaranteed to be completely secure.
    3. We do not guarantee that Creative Hub, or any content on it, will always be available or be uninterrupted. Access to Creative Hub is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Creative Hub without notice. We will not be liable to you if for any reason Creative Hub is unavailable at any time or for any period. The Hub is not a storage facility for your Images and you must ensure that you have your own storage and backup.
    4. You are responsible for configuring your information technology, computer programmes and platform in order to access Creative Hub. You should use your own virus protection software.
    5. You must not misuse Creative Hub by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Creative Hub, the server on which Creative Hub is stored or any server, computer or database connected to Creative Hub. You must not attack Creative Hub via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Creative Hub will cease immediately.
    6. You must treat your user name, password and any other registration and Account information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us and change your details in your Account.
    7. We have the right to disable any Account, username or password at any time. We will notify you if we do so.
    8. We are the owner or the licensee of all intellectual property rights in Creative Hub, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    9. Our status (and that of any identified contributors) as the authors of content on Creative Hub must always be acknowledged.
    10. 10.We will not be liable for any loss or damage caused by:
      1. use of, or inability to use, Creative Hub; or
      2. a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Creative Hub or to your downloading of any content on it, or on any website linked to it; or
      3. any breach of Microsoft's security or any breach of security other than as a direct result of our negligence.
  11. charges for additional data storage
    1. You may apply for a Basic Account free of charge including image data storage of up to 10GB.
    2. You may apply for Additional Data Storage through Creative Hub at any time subject to payment of our charges as set out in our Charges Page available to view from within a free Basic Account: and in accordance with this clause 11. The charges for Additional Data Storage include sales tax/ VAT at the applicable current rate chargeable in the UK for the time being.
    3. You authorise us to bill your credit or debit card on a continuous basis for any Additional Data Storage in accordance with this clause 11.
    4. If you apply for Additional Data Storage, charges are due for the first month on application and monthly in advance thereafter. Charges are non-refundable even if you do not use the Additional Data Storage and/or if you cancel or downgrade your Account during a month.
    5. If we have not received payment within 14 days after the due date for any Additional Data Storage, and without prejudice to any other rights and remedies we may have, we may, without liability to you, revert your Account to a Basic Account and remove any of your Images which, in our discretion, exceed the data storage limit of a Basic Account. We may at any time set off any sums you owe us against any sums we owe you.
    6. You may apply to downgrade your Account to a lower storage amount at any time and the downgrade will take effect from the end of the billing period.
    7. You may apply to upgrade your Account to a higher storage amount at any time, subject to payment of the relevant charges, and the upgrade will take effect immediately. If you upgrade your Account during a billing period, the first additional charge will be a pro-rata amount at the higher rate for the remainder of the current billing period.
    8. If, at any time whilst using Creative Hub, you exceed the amount of image data storage space you have applied and (if applicable) paid for, we may, without liability to you, remove any of your Images which, in our discretion, exceed the data storage limit.
    9. We shall be entitled to increase our charges for Additional Data Storage at any time and which will be updated on our Charges Page available to view from within a free Basic Account.If you have applied for Additional Data Storage, we will notify you of any increase in the charges you are due to pay and you may cancel your Account and/or cancel your Additional Data Storage at any time.
  12. uploading and sharing images to Creative Hub
    1. Whenever you upload Images to Creative Hub, you must follow the instructions for uploading images, sharing, pricing and selling your Products as set out on Creative Hub.
    2. You must comply with the acceptable use standards set out in clause 13.
    3. If your Product is a Limited Edition, it is your responsibility to ensure that the Limited Edition numbers are updated and you comply with any obligations or promises made to Customers in respect of the creation and sale of a Limited Edition. Creative Hub takes no responsibility for any disputes between the Creative Hub User and their Customers in this regard or any other.
    4. You confirm that anything you upload does comply with this clause 12 and those standards set out in clause 13, and you will be liable to us and reimburse us for any breach of those standards. This means you will be responsible for any loss or damage we suffer as a result of your breach of those standards.
    5. Our uploading process allows you to check and amend any errors before submitting your Images for publication. Please take the time to read and check your submissions thoroughly.
    6. You agree and understand that any content you upload and choose to publish will be publicly available through Creative Hub accessible throughout the world.
    7. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Creative Hub.
    8. You agree and understand that you are responsible for uploading digital image files suitable for producing prints of the desired resolution and colour accuracy in accordance with our published advice for accuracy of size and colour matching. Colour profiles and detailed guides on file preparation are available for free from our web pages.
    9. We are not obliged to review any Image or other content you put on Creative Hub, or any Shared Image a Sharer puts on Creative Hub, but we may do so at any time and if we are notified or otherwise become aware and consider, in our discretion, that your Image or other content, or any Shared Image, does not comply with these Terms, we may remove any such Image or other content or Shared Image.
    10. You may withdraw your Images from sale through Creative Hub and/or cancel your Account at any time but you agree that we may continue fulfil any Orders already placed by Customers and you will have to pay for any Services provided and/or for fulfilling those Orders already placed.
    11. You may connect your website and share your Images on Creative Hub, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    12. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    13. You may not create a link to any part of Creative Hub other than your personally connected website.
    14. We reserve the right to withdraw linking permission at any time on notice to you.
    15. Where Creative Hub contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and do not endorse them.
    16. We assume no responsibility for the content of websites which contain links to Creative Hub. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  13. acceptable use standards
    1. These acceptable use standards apply to any and all Images or other content (Content) which you contribute to Creative Hub.
    2. Content must:
      1. be accurate (where they state facts);
      2. be genuinely held (where they state opinions); and
      3. comply with all applicable laws.
    3. Content must not:
      1. contain any material which is defamatory of any person;
      2. promote violence;
      3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      4. infringe any copyright, database right or trademark of any other person;
      5. be likely to deceive any person;
      6. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      7. promote any illegal activity;
      8. be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      9. be likely to harass, upset, embarrass, alarm or annoy any other person;
      10. 10.be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      11. give the impression that they emanate from us; nor
      12. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
    4. We are not obliged to review any Content but we may do so at any time and if we are notified or otherwise become aware and consider, in our discretion, that there has been a breach of this clause 13 through your use of Creative Hub, we may take such action as we deem appropriate.
    5. Failure to comply with this clause 13 is a material breach of these Terms, and may result in our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use Creative Hub;
      2. immediate, temporary or permanent removal of any Content or material uploaded by you to Creative Hub;
      3. issue of a warning to you;
      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. further legal action against you; and/or
      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    6. We are not liable to you for actions taken in response to breaches of this clause 13. The responses described in clause 13.5 are not limited, and we may take any other action we reasonably deem appropriate
  14. Intellectual property rights
    1. You confirm to us and any Sharee that:
    2. you are the sole legal and beneficial owner of, and own all the rights and interests in, all Images that you upload to Creative Hub;
    3. you have not licensed or assigned any intellectual property rights in the Images to any other party;
    4. the Images are your original work and have not been copied wholly or partially from any other source;
    5. you have full authority to licence us to print (and reprint) the Images and to appoint us as your fulfilment service to fulfil sales to your Customers on your behalf in accordance with these Terms;
    6. if you share your Images, you have full authority to licence the Sharee to download, print and/or sell your Images in accordance with these Terms and the permissions that you give;
    7. the Images do not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any matter contrary to clause 13, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute; and
    8. you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Images or any pre-existing material incorporated in the Images, or the exploitation of the Images by you, us or any Customer, has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim.
    9. You understand and agree that we have the right to disclose your identity to any third party who is claiming that any Images posted or uploaded by you to Creative Hub constitutes a violation of their intellectual property rights, or of their right to privacy.
    10. You grant us a licence to: produce prints (and any reprints as required) of your Images as ordered by Customers through Creative Hub, fulfil sales of such prints (Products) for you to Customers in accordance with these Terms, and use your Images as part of our general advertising and promotion of Creative Hub.
    11. You shall immediately notify us of:
      1. any actual, threatened or suspected infringement of any intellectual property of which you become aware; and
      2. any claim by any third party of which you become aware that the Images, or any Shared Images, infringe any rights of any other person.
    12. You agree that we may immediately remove any such Images or Shared Images from Creative Hub and cancel any Customer Orders for such Images or Shared Images which have not already been dispatched. If any Customer Orders for your Images have already been dispatched, you agree that we may request return of the Products (if possible) and/or may deal with the Customers on your behalf in order to ensure compliance with this clause 14.
    13. You will fully reimburse us and compensate us for all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any intellectual property rights claims in relation to your Images.
  15. sharing images
    1. If you share your Images as a Sharer:
      1. You acknowledge that Creative Hub acts as a communication platform only by facilitating the sharing of images with permissions you have set for the images and that the contractual relationship in regard to any use of these images is between you, the Sharer, and the Sharee. Creative Hub will not be held responsible for any breach of the terms of use for Shared Images by the Sharee;
      2. You acknowledge and agree that the Sharee will have access to your Image and will be able to view your Image in their Creative Hub account;
      3. You set the permissions that the Sharee has with regard to your Image and whether the Sharee can print, download and/or sell prints of your Image. These permissions form a contractual agreement between you, the Sharer and the Sharee. Creative Hub is not a party in the contractual relationship;
      4. If your Image is sold by a Sharee on your behalf through Creative Hub, you agree that the Sharee will pay you 50% of the Profit, which is the sale price you set, less any applicable sales taxes, less the cost of the print. Delivery costs are handled by Creative Hub and are charged separately to the Sharee and do not form part of the profit calculation. We will facilitate the payment of this Profit to your Paypal account in accordance with our stated payment terms;
      5. You accept that the Sharee can decide to sell your printed image at a price higher than you have set and that this additional revenue will be retained 100% by the share;
      6. You have the right to alter prices of Shared image at any time and Creative Hub will communicate those price changes to the Sharee at he first available opportunity on a best endeavours basis. However you agree that we are a communication platform only and that we cannot be held responsible for any losses arising from communication issues, including delays. For example if a print product gets sold at a lower price as a result of a communication delay Creative Hub reserves the right to void that sale and to not fulfil the order but will not be held liable for any losses or claims arising thereof;
      7. Any sales made by Sharees will be subject to United Kingdom statutory returns period and consumer laws, regulations or voluntary codes of practice and all parties agree to be bound by those laws. This can be varied at the sole discretion of Creative Hub in individual cases in the interests of protecting the reputation of seller and good customer relations.
      8. Creative Hub can cancel a sale at any point and we reserve the right to do this on the Sharee and Sharer’s behalf and will not be held liable for any losses or claims arising thereof;
      9. If Creative Hub cancels a sale then any proceeds due arising from the cancelled sale will cease to be due to the Sharer. Any proceeds already paid to the Sharer arising from the cancelled sale must be returned in 7 days of the Sharer being notified of the cancellation of the sale
      10. In the case of any dispute in the sale of an image Creative Hub will be the final arbiter and can decide the void a sale at any point and return all proceeds and fulfilment charges to the Sharee. Creative Hub’s decision in this case will be final, the sharer agrees to be bound by that decision and no correspondence will be entered into regarding this matter.
      11. You may withdraw permissions from any Sharee in relation to any Image at any time. This will mean that from this point Creative Hub will not fulfil Print Sales of this image made by the Sharee and will remove access to the image in the Sharee’s Creative Hub account. Creative Hub will email the Sharee on your behalf to communicate your decision to remove the right for them to sell your image and to communicate your request for them to remove the image from their e-commerce store(s) where they are displaying your image. Creative Hub accepts no responsibility however if they continue to display the image in their e-commerce store, social media or online in any form. If a Customer has placed an order for an Image through a Sharee at any time before it is withdrawn for any reason, then, unless we notify you otherwise, we will continue to fulfil that order in accordance with these Terms;
      12. We are not responsible for any use or misuse of an Image that a Sharee may make, and any sales that it may make, outside of Creative Hub. You should make your own arrangements with the Sharee but we are not liable for any arrangements that you make, or do not make, nor for any breach of those arrangements or any breach of these Terms by the Sharee.
    2. If you receive Shared Images as a Sharee
      1. Your arrangement is with the Sharer, not us. We act as a communication platform for the Sharer to facilitate the sharing of the Shared Image but we are not responsible for the Sharer nor for the Shared Image;
      2. If you do not wish to receive Shared Images, you can decline to accept any incoming images shared with you;
      3. We have not carried out any checks or verification on Sharers using Creative Hub nor have we investigated or verified the copyright or legality in their Shared Images. We are not responsible for this and are not liable to you for this;
      4. You accept that you only have permission to use the Shared Image in accordance with the permissions given to you by the Sharer and you will only use the Shared Image strictly in accordance with such permissions and these Terms;
      5. If you sell a Shared Image on behalf of a Sharer through Creative Hub, you agree that we will charge you the Sharer’s share of the sale proceeds which is clearly stated when you accepted the share. The sharer can update their prices from time to time and we will update you by email and will update the price in your e-commerce store on a best endeavours basis. If, as a result of communication errors or delays and regardless of the reason for those errors or delays, you subsequently make a sale of an image at a price that is less that the price the Sharer has set then you accept that Creative Hub has sole discretion on whether to fulfil that order or cancel it. In the case of cancellation if Creative Hub has already charged your card for fulfilment charges related to that order, they will be refunded in full.
      6. In the case of any dispute in the sale of an image Creative Hub will be the final arbiter and can decide the void a sale at any point and return all proceeds and fulfillment charges to the Sharee. Creative Hub’s decision in this case will be final, the sharer agrees to be bound by that decision and no correspondence or discussion will be entered into regarding this matter.
      7. You acknowledge and agree that the Sharer, or we on behalf of the Sharer, may decline any order of a Shared Image for any reason at any time.
      8. We or a Sharer may withdraw any Shared Image, or your permissions in relation to any Shared Image, at any time and any permissions to use such Shared Image will then immediately cease. If a customer has placed an order for a Shared Image at any time before it is withdrawn for any reason, then we may at our sole discretion continue to fulfil that order in accordance with these Terms or we may decide not to fulfil that order and in which case we will notify you.
      9. Sharers and Sharees may make additional arrangements between themselves. We are not responsible for Sharers or Sharees and your sharing arrangement is direct.
  16. Print services
    1. Creative Hub offers Fine art & Photographic print services, with framing & mounting options for collection or delivery. Orders placed for these services are either placed manually by Creative Hub users or their agents (Print Orders) or are captured automatically when a Creative Hub user installs any application that connects his or her e-commerce store or website to their Creative Hub account and offers art print products imported or created in Creative Hub (Fulfilment Orders).
    2. All sizes quotes are nominal and Creative Hub shall accept no liability for minor variations in size as a result of inadequate preparation of files.
    3. Print profiles as supplied by Creative Hub and its related agents are supplied as supplementary to normal service - as such, Creative Hub is not liable for any discrepancy arising from the inaccurate preparation of files using our 'soft-proofing' or 'colour management' technologies. Creative Hub's print profiles are provided for use at the discretion of the user and the use, distribution, or modification of files provided by Creative Hub are afforded upon the acceptance of these terms and conditions. Creative Hub will endeavor to provide full instructions as to the proper use of these technologies and as such the user commits to accepting all responsibility for the modification of his/her images as a result of their use.
    4. The Client accepts that colour matching and the preparation of files is subjective, and that totally accurate colour matching to 100% fidelity is rarely possible. However, Creative Hub will endeavor through the development of its colour profiles to achieve the closest possible match within the limitations and constraints of available technologies, materials, and processes used.
    5. Due to the imprecise nature of colour management and the discrepancies which may arise through their use outside of the controlled environment of Creative Hub's studio, Creative Hub cannot be held responsible for differences in tone, contrast, or any other aspect of an image supplied due to its appearance on screen. The colour management process is designed to minimize and not eliminate tolerances in the reproduction of colour prints.
    6. Delivery of completed orders will be made on behalf of Creative Hub by Royal Mail, courier company or any other delivery services at the discretion of Creative Hub and its related agents. Charges for postage, packing and delivery will be incurred and payable at the time of order.
    7. Creative Hub shall not be held responsible for any damage to, discrepancies in or shortages of delivered materials unless notified by the client within 48 hours of receipt.
    8. Any claims for damages must be supported by the return of the damaged article which Creative Hub will arrange the collection of. Claims of this nature will be limited to the cost of the order as charged by Creative Hub. No actions will be taken by Creative Hub without receipt of the damaged item.
    9. Any non-stock damaged items returned to Creative Hub will be destroyed after investigation
    10. Should offer codes and promotional codes be published as part of a promotion or should free prints be offered as part of such a promotion, the use of said codes will be subject to additional terms and conditions presented with the offer as well as the terms herein. Offer codes may provide a number of free prints or a discount on part of an order. Offer codes may only be used for online orders placed through Creative Hub and are limited to a maximum of one code or standard rebate per user per order. Postage and packing charges will still apply and will need to be paid by conventional methods at the time of order unless otherwise specified
  17. Fulfilment Orders
    1. Creative Hub enables users to connect ecommerce stores and upload Images to offer for sale to Customers.
    2. You shall be responsible for all advertising and promotion of any Products you offer for sale. We may advertise and promote Creative Hub services, we do not advertise products sold with the assistance of Creative Hub software solutions and we have no obligation to do so. You agree that we may use your Images and embed or link to your website or ecommerce store (where you have connected your website to Creative Hub) in any general advertising and promotion of Creative Hub as we see fit in our sole discretion.
    3. Images you sell to Customers will be produced from the original digital files you upload to Creative Hub. You shall be responsible for the quality and content of your files. We strongly advise that image files are colour-profiled according to our print profiles available to download free from our websites.
    4. You appoint us as your fulfilment provider for Customer orders for your Images you have priced in Creative Hub and imported to your ecommerce store. If you are a Sharee, you acknowledge and agree that we act as we see fit to carry out our fulfilment obligations but we do not represent the Sharer and any legal or contractual relationship outside of our fulfilment obligation is strictly between you and the Sharer.
    5. You fully authorise us to deal with your Customers in order to ensure that we carry out our fulfilment obligations, and otherwise in our discretion as we deem reasonable in the circumstances from time to time without prior reference to you.
    6. You will supply us with such information as we may from time to time reasonably require to enable us to properly and efficiently discharge our duties under these Terms
    7. The images of the Products on Creative Hub are for illustrative purposes only. Although we make every effort to display the colours of your Images, and any Shared Images, accurately, we cannot guarantee that any computer's display of the colours accurately reflect the finished colour of the Products. The printed Products may vary slightly from those Images. Prints are hand produced and so the final print size may vary marginally from the sizes stated on Creative Hub.
    8. When a Customer places an Order for one of your Images through Creative Hub, we will, subject to clause 13 and clause 14 and successful payment by the Customer, print that Image as ordered by the Customer and deliver the finished Product direct to the Customer on your behalf. We do not sell direct to the Customer. We sell the print to you as part of our Services and you sell the finished Product to the Customer.
    9. After a Customer places an order for a print of your Image the fulfilment details, customer address, print size, number of prints etc. will be communicated to us electronically. When your card is successfully debited for the fulfilment payment the fulfilment details be used to create a Fulfilment Order on our system. We will then use best endeavours to fulfil this order within our target fulfilment times.
    10. You (the Seller) will receive an e-mail from us acknowledging that we have received your fulfilment payment for the Order. However, please note that this does not mean that the Order has been accepted. Our acceptance of the Order on your behalf will take place subject to the other relevant terms of this agreement.
    11. We will also send you an email that confirms that the Products have been dispatched to the Customer (Dispatch Confirmation).
    12. We reserve the right to and you authorise us to decline any Order for any reason in our discretion. If you are a Sharee, you acknowledge that we may decline any order for a Shared Image on behalf of the Sharer for any reason in our discretion
    13. If we are unable to, or decline to, fulfil an Order for your Product for any reason (for example, but without limitation, because that Product is not in stock or no longer available or because we become aware of an error in the price, any breach of these Terms or any suspicious circumstances), we will inform you and we will not process the Order. If you have already paid for the Products, we will refund the full amount as soon as possible
    14. If you do not wish us to fulfil any Order for your Image, you must contact us as soon as possible and before the Order is dispatched to the Customer. If we agree that we can cancel the Customer’s Order, you will still have to pay for any Services we have already provided (such as printing) and any other costs we have incurred.
    15. The Order should be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control (see clause 20). If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
    16. Delivery will be completed when we deliver the Products to the address the Customer gave us or when we leave notification that we have delivered the Products to a nearby place.
    17. The Products will be the Customer’s responsibility from the completion of delivery. If a Product is lost or damaged before completion of delivery to the Customer, we shall request return of the Product (if possible) and you authorise us to: reprint the Image to produce a new Product and redeliver to the Customer at no additional cost to the Customer; or cancel the Order and refund you for the fulfilment costs in full.
    18. We deliver to the countries listed under the International Delivery Destinations menu on this page (International Delivery Destinations) from time to time.
    19. We produce the print for an Image as part of our Services to you. The ownership of the print for each Product will pass from us to you immediately prior to the Customer’s ownership of the Product. The Customer will own the Products from the completion of delivery (provided that we have received payment in full and cleared funds)
    20. If a Customer claims that a Product has a defect or other issue which is our responsibility, we shall request return of the Product (if possible) and if we accept responsibility: repair the defect and redeliver to the Customer at no additional cost to the Customer; or reprint the Image to produce a new Product and redeliver to the Customer at no additional cost to the Customer; or cancel the Order and refund the Customer in full. In such circumstances: if the Order is redelivered you (and any Sharee) would not be charged for any additional costs for the reprinting and redelivery.
    21. If a Customer claims that a Product has a defect or other issue which is your responsibility, for example but not limited to pixelation issues with the file or colour profile issues leading to poor colour reproduction, then you will be responsible for correcting this defect and we will not refund any fulfilment charges relating to this order. If additional fulfilment charges arise from correcting this defect then we will debit you card with your prior agreement in payment for these charges.
  18. pricing of images and our services
    1. You set prices for your Images in your personal account on Creative Hub from time to time as a mark up over our printing charges and as detailed on Creative Hub. You acknowledge and agree that we may place a cap on the price that you may set for any individual Image for sale. You may change your prices from time to time, but the price the Customer pays is the price showing at the time they complete their order process and as detailed in the order acknowledgement (unless we let you know that there has been an error as detailed in clause 20.6 below). If you receive a Shared Image from a Sharer, you acknowledge that the Sharer sets the price and terms of the Shared Image on Creative Hub.
    2. We set the prices for printing and delivery on Creative Hub and reserve the right to vary them from time to time.
    3. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of a Product a Customer orders, we reserve the right to cancel this order or fulfil it at our sole discretion.
    4. Prices for the Products may change from time to time, but changes will not affect any Order which we have confirmed with a Dispatch Confirmation.
    5. We will charge sales tax/ VAT or Sales Tax on fulfilment charges based on the delivery country and relative location of the sharer & sharee (if applicable)
    6. The Hub contains a large number of Products and we do not and cannot guarantee that Creative Hub, or any content on it, will be secure or free from bugs, viruses, errors or omissions. It is always possible that, despite our reasonable efforts, some of the Products on Creative Hub may be incorrectly priced or that certain types of hacking attacks could tamper with the prices you have set for your Images. We take no responsibility for ensuring that Images are priced correctly in ecommerce stores connected to Creative Hub.
    7. Ecommerce stores connected to the hub are responsible for check our Dispatch Confirmations and passing any tracking & dispatch details to their customers.
    8. Regardless of the reason, if there is a price mismatch between the price that a Sharer or Creative Hub user has set in the Creativehub and the price any Image is sold at in an ecommerce store then Creative Hub reserves the right to cancel the fulfilment order. Despite our reasonable efforts, it is possible that a Product may be sold at an incorrect price and all Creative Hub users accept this risk.
  19. Payments & Cancellations
    1. You can access your Account to update your personal information and manage your Images, Shared Images and connected sites.
    2. Your Account will show details of all Fulfilment Orders & Print orders placed and their current status on a best endeavours basis.
    3. You account will show all the print sales you have made as a result of sharing images, their current status, and any monies owed to you from this activity. This is again on a best endeavours basis.
    4. If there is a balance of sums due from you to us, you authorise us to charge such sums to your credit or debit card or to otherwise claim payment from you.
    5. Order invoices & remittances we generate for you for print order, fulfilment order and storage payments & charges will be in our standard form based on English law and we do not give any assurance that this will comply with your own requirements or the requirements of your local laws and regulations. It is your responsibility to comply with all such laws and regulations and you may re-submit a corrected invoice to us if you do not consider that the invoice we generate is compliant for your requirements. If you are required to be, or are in any event, sales tax/ VAT registered, it is your responsibility to ensure that your Account is kept up to date with all relevant sales tax/ VAT registration details (including your sales tax/ VAT number) and we shall generate your invoice referred to in clause 17 using such information. It is your responsibility to comply with all sales tax/ VAT requirements and payments in relation to your business.
    6. On cancellation of your Account for any reason
      1. We may withdraw your Images and connected sites from Creative Hub;
      2. You agree that we may continue to fulfil orders already made, or cancel, at our discretion, any Customer orders which have already been placed in accordance with these Terms and you authorise us to do so;
      3. Our charges shall continue to apply, and we shall settle your Account, for any Customer orders which are fulfilled and/or any returns or refunds made;
      4. You agree that we may continue, at our discretion, to offer customer service in accordance with these Terms to any Customers who have ordered your Images through Creative Hub or we may direct such Customers to you.
    7. Any transaction charges or similar charges levied by online payment or merchant service providers on sums received by you (including, by way of example only, any PayPal charges) shall be paid by you.
  20. Our liability:
    1. Nothing in these Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
      4. defective products under the Consumer Protection Act 1987.
    2. Subject to clause 18.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    3. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services and Creative Hub. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services and Creative Hub are suitable for your purposes.
  21. events outside our control:
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.
    2. If an event outside our control takes place that affects the performance of our obligations under these Terms then:
      1. we will contact you as soon as reasonably possible to notify you;
      2. we will take steps to minimise the effect of the event. Provided that we do this, we will not be liable for failures or delays caused by the event. Where the event outside our control affects our delivery of Products to a Customer, you will arrange a new delivery date with the Customer after the event is over. If there is a risk of substantial delay, you may contact us to cancel the fulfilment order and receive a full refund for any Products paid for but not received.
    3. Notifications
      1. When we refer, in these Terms, to "in writing", this will include e-mail. A notice or other communication shall be deemed to have been received if delivered to the e-mail address registered on your Creative Hub account a the time of sending.
      2. If you wish to contact us in writing for any reason, you can send this to us by using the contact details on the Contact Us You can also contact us using our Customer Services telephone line.
      3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Account information
      4. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
      5. The provisions of this clause 21 shall not apply to the service of any proceedings or other documents in any legal action.
  22. other important terms
    1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms before such transfer. We will notify you in writing or by posting on our website if this happens.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do these things and it will not prevent us taking steps against you at a later date.
    6. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application, re-enactment or replacement legislation and includes any subordinate legislation for the time being in force made under it.
    7. If you are a consumer, please note that these Terms are governed by English law. This means any dispute or claim arising out of or in connection with your use of Creative Hub will be governed by English law. You can bring claims in the English and Welsh courts. However, if you are a resident of Northern Ireland you may also bring claims in Northern Ireland, and if you are a resident of Scotland, you may also bring claims in Scotland.
    8. If you are a business, these Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    9. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
    10. 10.In addition, consumer disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.