Haven- Project is about celebrating creativity. We encourage you to be involved in every aspect of Haven-Project  – display art, give feedback, write reviews, participate in forums, team up with other members to collaborate on projects, and talk to each other. To make this online destination for creativity available, it is essential that all users respect the IP rights of others. This is an elementary principle of Haven-Project. You may upload or post only content that you created yourself, which you are allowed to use and which’s use you are permitted to authorize vis-à-vis others. If you are a Purchaser on or visitor to the Shop, please respect the IP rights of others when viewing or buying on the Haven Project -Website.

Using the Haven- Project website you may exhibit your art, presenting it to the world. Please note, however, that such publishing entails a legal responsibility. You must ensure, and you bear the related responsibility, that your art and its publication through the Haven-Project does not violate applicable law.

By mutually respecting one another and the art exhibited here, Users will help to make Haven- Project an inspiring, enjoyable community.







 

1. Service description

1.1. Haven - Project offers you various services (hereinafter the " Haven offers") on the Shop which enable you to publish, sell, review or buy art, interact with other Members, and benefit from the advantages, including, but not limited to, customer service and payment.

The digital content on the Shop (hereinafter the "Content") may consist of information, text, data, graphics, images, photos, videos, sounds, music, or any other material put online by Users onto the Haven- Project Website.

1.2. Art is defined as digital Content of you that you submit to  Haven- Project to be uploaded into the shop section and publish on the platform (hereinafter the "Art" or "Work"). 

1.3. Haven-Project functions in this context lies in operating the shop, making the contact between Seller and Purchaser, dispatch and payment. Haven-Project  is not contracting party of the purchase contract and the contract on winding-up the purchase contract (manufacturing and dispatch). The purchase contract for the Product is concluded exclusively between Seller and Purchaser. The contracts on winding-up the purchase contract (manufacturing and dispatch of the Product) are concluded exclusively between the Seller and the respective third party. Haven-Project does not sell, manufacture or supply the Product in its own name and for its own account unless specifically agreed upon with the Artist. In all other cases, Haven-Project acts solely as an agent of the Seller, i.e. in his name  For further information on function with respect to the Seller please also see under part C. section 1.1

 

2. Authorized persons, registration and user account

2.1. Haven - Project  Services may be used only by legal entities and partnerships, as well as by natural persons of full legal capacity who are at least eighteen (18) years of age.

2.2. For the use of various Haven offers (uploading of Content, selling of Art, and publishing of comments and reviews), registration on Haven-Project is required. The purchase of Art does not necessarily require registration.

By creating a user account and thereby agreeing to this User Agreement and to the Privacy Policy, you will become a registered User (hereinafter a "Member") of our website and community. When setting up a user account, you must specify a username, your e-mail address, and a password. After entering that information, click on the "Register" button to send your registration request. Upon receipt of your registration request, Haven-Project will review your information and will send you an acknowledgment e-mail containing a confirmation link. Your registration will be completed once we activate your user account after you clicked on the confirmation link.

2.3. Registration by a legal entity or a partnership must be effected through an authorized natural person, whose name must be provided. A user account may be owned only by a single natural person.

2.4. On registration, the queried data must be provided completely and truthfully. If the relevant data should change after registration, the User shall make the necessary updates without delay. In case the User makes false statements or fails to immediately make any necessary updates, Haven-Project shall be entitled to exclude the User from the Haven-project Community and all its services 

2.5. A legal claim to registration does not exist. Haven-Project reserves the right, in its sole discretion, to refuse any username it deems inappropriate or to deny membership to any person.

2.6. The user account is not transferable.

2.7. You shall carefully protect access to your user account by keeping your password secret. You represent and warrant that you will not make your password available to any third party and will not keep or store it in a place where it can be copied or used by third parties. If you suspect that a third party may know your password, you shall change it immediately and notify Haven-Project accordingly.

2.8. You shall be responsible for all activities performed on Haven-Project by means of your password (including, but not limited to, Product sales or purchases, published Content, or dispatched messages), even if the relevant activity was not authorized or intended by you. You shall be solely liable for any and all damage caused by the use of your password by yourself or by any third party, unless you are not responsible for the damaging act.

 

3. Use of Haven offers and inappropriate Content

3.1. You shall be solely responsible, in the context of your use of the Haven-Project offers, for ensuring that Your Content does not infringe any statutory regulations or third-party rights. We will not check your Content prior to its publication on Haven-Project.

3.2. By submitting Content to Haven-Project you represent and warrant that you own all IP rights of the Content which are necessary for its use in conjunction with the Redbubble Services and that the Content does not qualify as inappropriate Content.

3.3. Inappropriate Content is content that

- infringes the IP rights of any other person or entity (e.g. copyrights, ancillary copyrights, patents, trademarks, company symbols, work titles or designs);

- defames or vilifies any person, people, races, religion or religious groups;

- contains malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;

- infringes data protection law or rights of privacy or publicity;

- is misleading and deceptive or offers or disseminates fraudulent goods, services, schemes, or promotions; and/or

- is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Haven-Project reserves the right to remove any such inappropriate Content.

3.4. Please help us by immediately reporting any inappropriate or potentially inappropriate Content that you may discover on our website. You may do so by clicking on the link "Contact us"  If you believe that the Work infringes your IP rights or any of your other rights, you may formally submit a complaint. The procedure of such complaint is described in our relevant policy 

 

4. Blocking of user account, blocking of Content and termination

 

4.1. In case the User, by Content uploaded or posted to Haven-Project, violates any statutory regulations, third-party rights, or provisions of this User Agreement, and if we become aware of this or if Haven-Project otherwise has any legitimate interest in this regard, we shall be entitled to (i) block certain Content; (ii) warn the User; (iii) block the user account temporarily or permanently; (iv) provide information to any title holders; or (v) take any other suitable counter-measures.

4.2. Haven-Project shall be entitled to permanently block a user account if the User (i) entered false contact data; (ii) assigned the user account or made it available to third parties; (iii) repeatedly posted inappropriate Content on Haven-Project ; (iv) materially damages other users or Haven-Project; (v) repeatedly breaches the provisions of this User Agreement; or (vi) otherwise gives rise to major concerns.

4.3. If a user account has been temporarily or permanently blocked, the User shall be prohibited from using the Haven offers through another existing or newly registered user account.

4.4. You may terminate your user account anytime by sending a request for termination through the Contact us form with the subject  "Terminate Account"

5. IP rights and license

5.1. By submitting your Content to Haven-Project you confer to us a free, non-exclusive, worldwide, comprehensive right to use and edit your Content for the purpose of use and/or advertising in connection with Haven offers and the operation of our website (or parts thereof). This shall include, in particular, the right of reproduction, distribution, and public rendition, regardless of the carrier and medium involved, whether online or offline, as well as the right of editing. Our rights of use in regard to your Art will expire as soon as you remove the relevant Work from Haven- Project and all purchase orders have been completed. Our rights of use in regard to your reviews and valuation (e.g. comments, feedback, critics etc.) published on Haven- Project shall be valid for an indefinite period of time.

5.2. We are the owners/licensees of the entire intellectual property of Haven-Project and the Haven offers, including the software and systems as well as text, graphics, logos, icons and sound recordings underlying Haven offers

5.3. Except subject to the use permitted by applicable law and except as expressly authorized by this User Agreement, you shall not in any way, without our prior written consent, (i) use, adapt, reproduce, store, distribute, print, display, execute, publish and/or edit any parts of Haven-Project; or (ii) commercially use any information, products or services from any parts of Haven-Project.

5.4. When using our trademarks for the purpose of referring to our activities, products or services you shall indicate us as the trademark owners. You shall not use any of our trademarks, in whole or in part, for or as part of your own trademarks, in connection with any activities, products or services not pertaining to us, in any misleading, deceptive or fraudulent way or in a way discrediting our information, products or services (including the Shop).

 

7. No warranty

 

7.1. We do not guarantee or warrant that the shop, the Haven offers or any other websites that can be accessed through a link on Haven-Project Website are free from errors or viruses.

7.2. We do not guarantee or warrant that access to the Haven offers or the Shop will be free from interruptions. You acknowledge that the Haven-Project or the shop may be affected by disruptions, faults, or delays. Such disruptions, faults or delays may be due to technical problems in the execution or operation of software, facilities or systems from us or from third parties, or to technical problems or heavy data traffic on the Internet, or to infrastructure failures.

7.3. We will make every reasonable effort to ensure that the shop is available during ninety-eight (98) percent of the time on an annual average. This does not include any downtime used for improving server security and integrity or for necessary maintenance work ensuring the correct functioning or the improvement of the shop

 

11. Links to other websites

 

11.1. We shall not be liable for the content or privacy practices of any websites to which the Haven-Project Website provides links.

11.2. Such links should not be interpreted as our endorsement, authorization or recommendation in regard to the owners or operators of the linked websites or in regard to any of the information, graphics, materials, products or services contained or mentioned on the linked websites, unless we expressly say so.

 

9. Release from liability

 

9.1. You undertake to indemnify and hold harmless us and our executive staff, directors, employees, representatives and agents, as well as all third parties commissioned with printing, manufacturing or otherwise processing the Products sold by you through the Shop, including their executive staff, directors, employees, representatives, and agents, from and against any and all claims and related reasonable lawyers’ and court fees, insofar as such claims and fees are caused by any of the following breaches of law or contract on your part:

a. Your breach of any of the provisions of this User Agreement;

b. an allegation by third parties that the Content submitted by you in the context of using the Haven-Project offers infringes the IP rights (including, without limitation, copyrights and ancillary copyrights, patents, trademarks, company symbols, work titles, or designs) or any other rights (including, without limitation, the general right of privacy and the right of one’s own image) of others.

9.2. In the case of any such allegations you shall, at our request, immediately provide us with complete and truthful information as required for examining the respective claims and for organizing any requisite legal defence.

9.3. This section 9 will endure the existence of this User Agreement.

 

12. Alteration of the User Agreement

 

We reserve the right to alter the provisions of this User Agreement if the technical aspects of the Haven- Project offers materially change or if certain provisions become invalid due to changes to the law or case law, provided that such alterations to the User Agreement are acceptable to the users. The User shall be notified in advance of any such alterations or amendments either in writing or by e-mail. Unless the User objects in writing to such alterations or amendments within six (6) weeks from receipt of the relevant notification, the changes shall be deemed accepted by the User. We will explicitly inform you about this condition at the time of the relevant notification.

 

13. Termination of access

 

Access to Haven-Project websites community, events ect may be terminated by us in our sole discretion at any time without prior notice.

14. Applicable law and severability clause

14.1. This User Agreement, its construction, and any and all disputes resulting from and in connection with this User Agreement shall be subject exclusively to German law, excluding any provisions of choice of law or conflict of laws that would prescribe the applicability of any laws of a jurisdiction other than Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention) shall be excluded.

14.2. Should any provision in this User Agreement be found invalid, unenforceable or unlawful, this shall not affect the full validity of the remaining provisions herein. In such a case the contracting parties shall cooperate in preparing provisions that will produce a legally valid result which economically comes as close as possible to the invalid provision. The same applies to any gaps in this User Agreement.

 

1.  Haven-Project Offers

 

1.1. Haven- Project, acting as independent contractor under the instructions of the Seller, will market and obtain orders as the Seller’s agent from Purchasers for the purchase of the Seller’s Products over the Haven-project Website and events. On instruction of the Seller we will arrange for third parties to fulfil those orders by arranging the manufacturing and dispatch of the Product on behalf of the seller as well as by receiving the payment on behalf of the Seller (hereinafter "Services"). The purchase contract for the Product is concluded exclusively between Seller and Purchaser. The contract of manufacturing and dispatching the Product is also concluded exclusively between the Seller and the manufacturing third party. Haven-Project acts solely as the agent of the Seller. Haven-Project’s function lies with enabling the direct sale between seller and purchaser and in coordinating the production, dispatch, delivery and fulfilment of the contract (including the payment) in the name and on the account of the Seller. In no account is Haven-Project contracting party of the purchase contract or the contracts regarding the winding- up of the purchase contract (manufacturing and dispatch of the Product) with the third parties. With regard to the Services we solely act in the name and on the account of the Seller.

1.2. Haven-Project will provide the Services pursuant to this User Agreement until termination in accordance with the applicable terms of this User Agreement.

1.3. The Seller agrees that Haven-Project is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from Members of the public for the purchase of their Arts over the Shop, including any Art that is the same as, or similar to, the Seller’s products. Haven-Project does not underlie any prohibition of competition.

2. Authorization to perform the Services

The Seller hereby instructs Haven-Project to arrange in his name and on his account the manufacturing and dispatch of Products by third parties which have been ordered by the Purchaser, to carry out the respective payment for manufacturing and dispatch in his name and on his account as well as to receive the payment of the Purchaser in the Seller’s name and on his account. Haven-Project will facilitate the manufacturing, dispatch and payment in accordance with reasonable business practices unless the Seller otherwise instructs us prior to the placement of that order by the Purchaser.

Sale of Products of Seller

 

3.1. The retail price charged to the Purchaser is made up of

- the manufacturing fee charged by the third party manufacturer, Haven-Project fee for hosting the Shop and executing the transaction (the manufacturing fee and Haven-Project  fee are referred to collectively, and inclusive of tax, as the "Base Amount");

- the creator margin of the Seller (hereinafter "Margin");

- any relevant applicable taxes (such as sales tax, GST, VAT etc.); and

- the shipping costs.

When making each individual work available for sale the Seller is able to select any percentage mark-up he wishes, greater than or equal to zero (0), above the Base Amount but below the automated upper limit set by Haven-Project (hereinafter "Mark-up"). We reserve the right to amend the upper limit of the Mark-up from time to time. The Mark-up selected by the Seller on the Website for each of his Products is used to calculate the dollar value of the Seller’s Margin for each sale.

3.2. Haven-Project may change the Base Amount at any time without specific notice to the Seller and this will affect the dollar value of the Seller’s Margin, which is calculated as a percentage of the Base Amount (e.g. if we increase our Base Amount, the Seller’s Margin will also increase). The Seller may in turn change the Mark-up on top of the Base Amount at any time by changing his selection on the Haven- Project Website. The retail price will not change on an individual sale after a Purchaser has submitted an order to the Haven Project Website.

3.3. Haven-Project will send the Seller an email to the email address he registered in his account to notify him when an order has been placed for his Products

3.4. The Seller acknowledges and agrees that Haven-Project makes no representation that it will be able to procure an order for his Products, whether at the retail price or at all, nor that he will obtain any benefit by entering into this User Agreement, except for the mere opportunity to offer his Products for purchase on the Marketplace.

3.5. All items purchased from the Haven-Project Website are manufactured pursuant to arrangements with third party suppliers under the Seller’s instructions. This means that title and risk for loss for such items pass from the Seller to Purchaser without passing through us, prior to the goods being delivered to the Purchaser by Haven-Project under the Seller’s instructions.

3.6 “Original” items are crafted and supplied by the arists, shipping and management is handled by the Artist providing the piece. This means that title and risk for loss for such items pass from the Seller to Purchaser without passing through us, prior to the goods being delivered to the Purchaser by Haven-Project under the Seller’s instructions. 

 

4. Duties of the Seller

 

4.1. The Seller acknowledges and agrees that the Purchaser has a right of withdrawal vis-à-vis him according to part B. section 3.

4.2. The Seller acknowledges and agrees that the Purchaser has statutory warranty rights vis-à-vis him.

 

5. Payment terms

 

5.1. The Seller authorizes Haven-Project to collect, hold and distribute in his name and on his account the retail price and the shipping costs (hereinafter "Sale Proceeds") from Purchasers on the terms set out in this section 5.

5.2. The Seller authorizes Haven-Project to deduct the Base Amount and the shipping costs from the Sale Proceeds for the Seller’s Products before distributing the Margin to the Seller which will include tax where applicable.

5.3. We will pay your margin in accordance with the payment method you select on the website. This will usually take place between the 15th and 20th days of the month.

5.4. You may at any time request that we pay you the full amount in your account. We will endeavor to pay you this amount within 7 days of your request. A $10 administration fee will apply to this payment.

5.5. It is the Seller’s responsibility to ensure Haven-Project has current details of his postal address and bank account details. Haven-Project will not be liable for any loss suffered by the Seller if he provides us with incorrect details in relation to the payment method. If we are unable to pay the Seller because he has given us incorrect details or his details are out of date, we will hold his Margin until the expiration of the limitation period. If the Seller has not notified Haven-Project of any amendment to the payment method details in that time, he authorizes us to donate his Margin proceeds to a charity of our choice.

 

6. Inventory overhang

 

The Seller gives Haven Project his permission to dispose over Product inventory which has become surplus due to reprinting, fraud, product sampling or marketing measures as Haven Project sees fit.

 

7. Taxation responsibility

 

7.1. Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this User Agreement. We recommend that the Seller consults with his tax advisor as to the application of taxes. This may include sales tax, VAT, GST and other transactional taxes.

7.2. In case GST applies to the Products of the Seller, the respective amount will be credited onto the Product price which the Purchaser is charged with. We will retain this amount in the name and on the account of the Seller and disburse it to the Seller together with the Margin via the Seller’s selected payment method.

7.3. The seller is solely responsible for informing Haven-Project about his duty to pay sales taxes. Haven-Project will collect such sales taxes in the name and on the account of the Seller together with the Margin. The Seller is solely responsible for all reporting and remitting obligations and liabilities vis-à-vis the competent tax authorities.

7.4. For the avoidance of doubt, all tax-related reporting responsibilities by the Seller to relevant tax authorities are entirely the Seller’s responsibility.

 

8. Indemnity

 

8.1. The Seller hereby indemnifies and will keep Haven-Project  indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this User Agreement or arising out of your wilful act, neglect or default in the performance of such obligations.

8.2. Part A. section 8 remains unaffected of this section 8.

8.3. This section 8 will survive the termination of this User Agreement.

 

9. Termination of these Terms of Use

 

9.1. The Seller can give notice of termination of this User Agreement by closing his account in the method described under part A. section 4.4.

9.2. Haven Project can terminate this User Agreement vis-à-vis the Seller in writing at any time.

9.3. After notice of termination in the manner described in either section 9.1 or 9.2, the Seller authorizes us to complete any transactions in progress in relation to his Products, which we will do on the terms of this User Agreement. Termination of this User Agreement will take effect once these transactions have been completed. Subsequent thereof, Art which has been uploaded to the Haven-Project  Website by the Seller will be removed and not be used by us further.

9.4. Upon termination of this User Agreement by either party, Haven-Project will pay the Seller any accrued Margin proceeds from his account as described in part C. section 5.3.

9.5. The right of either party to terminate the User Agreement for cause remains unaffected.

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