First step: If you’re over the age of 16, pick a kickass shop-name! The world is your oyster, so you can pick any sop-name for your store.
Psssttt, we haven’t told you the best part yet! - The signup is absolutely free.
So, once you’ve read our User Agreement (Read on, precious!), you can head on over to ourSign-up Page to get cracking
SHOPPING & ORDERING
While our artists try to create flawless artwork for your favorite products, we strive to create flawless products for you! So, once you select a product that you love, make sure you go through its product description which is on the same page along with the product details.
Your Cart & Check-Out
If shopping is your cardio, like us - this section is for you! Make sure you sign up with us before check-out so we can send you cute Lil’ Thank You notes and massive discounts! Guest check-out, who?
We give you full tracking access! Whether it be a new order or a really old one, you can find them all in your Order History.
- Purchase Date - to, Product Names - to, Shipping specifications
We have it all!
What’s more? If you browse through a specific order, you will find all the rad details in there like:
- All the products in any particular order - The status of each item - And, even artist details!
PAYMENTS & DISCOUNTS
How do I use my coupon code?
We are head over heels in love with you! So, we often send out awesome coupon codes to give you mind-blowing discounts. These coupon codes are sent out via our emails, banners on the website, or via our social media pages (Facebook/Twitter/Instagram) and these are the only methods to obtain a valid Neon Earth coupon.
Quick Tip - Go follow and subscribe to us to quit missing those discounts!
Follow the mentioned steps to apply a coupon code to your order:
- Once you’re ready to buy, head over to your Shopping Cart - Click the ‘Enter A Coupon’ link and enter the code in the empty field - Click ‘Apply’ and Viola! Pretty easy, right? - From there, complete your payment details and check out by selecting any of the payment options.
The discount will automatically deduce the total once you hit the ‘Apply’ button.
My Coupon Code Doesn’t Work!
Not seeing the price reduction after clicking ‘Apply’? Calm down, Tiger! We are here to help. Here are some of the most common coupon code related problems to help you troubleshoot:
- Did you copy the code exactly as it was advertised? (no extra characters or spaces) - Make sure the code is not expired - Ensure your code is valid for the product you are purchasing (like if the discount is for a specific product type, like tote bags). Sometimes, the code is only valid for a particular product. - Did you obtain your coupon from a valid source? (Our website banner, social media post, or email promotion)
Tried all of the above and still experiencing problems? Don’t worry! We’ve got you. Get in touch with your Customer Support team and we will help your smooth things over.
US Sales Tax
Items sold on Neon Earth and shipped to the locations in the US, including territories, may be subject to sales tax. Based on applicable tax laws, we will calculate, collect, and remit sales tax for orders shipped to customers in United States.
What is a tax?
A Tax is a sales-based transaction tax on online sales, similar to sales made from physical stores.
How do I pay my sales tax?
You simply need to check out with your items. No-fuss, just as usual and the full tax amount will be included in your purchase.
- CreditCard - We accept Visa, MasterCard, and American Express cards
All online transactions must be linked to a billing address, so make sure you input the billing address just as it appears on your credit card details.
CHANGING ORDER DETAILS
Accidentally send your Neon Earth order to the wrong address?
Relax, these things happen. As always we are here to help! Just get in touch with our Customer Support team and let them know the details of the new address - where you want your order to be shipped.
Important Note - We will only be able to change these details if your order is recently placed. For orders that are already shipped, we might not be able to change the details. For more information, please get in touch with Our Support Team.
As each product on Neon Earth is unique and made to order (not ‘off the rack’), we might not be able to make changes to orders that have already been finalized and shipped. You can get in touch with our Customer Support team if you want to make changes to the order that you have placed.
Important Note - Order changes would only be accepted if the customer has contacted the customer support team within the first 5 hours of placing the order.
Shipping and Manufacturing
Where is my order?
Tired of constantly wondering when your order will get to you? At Neon Earth, we guide you through each process of the way! We want to keep you informed of what is happening with the goodness your ordered. So, we send you emails for the following:
- Order Placed - Order In-Production - Order Cancellation - Order Printed & Shipped - Order On Hold
Stay connected with your products even before it arrives!
Need more information? Well, we are just a call away! Contact Us for any query or deets of your order or better yet? To say Hi! We love hearing from you!
How much does shipping cost?
To know how much shipping will cost you, simply click through the Secure Checkout network, enter your delivery address and choose a shipping method. Shipping costs are then calculated and tacked on to your subtotal at the bottom of the page.
Can I track my order?
We rely on a global network of shipping services (UPS, FedEx, DHL) as well as local postal services (USPS) to deliver your order to your doorstep, as soon as possible. For this reason, tracking is not always available.
If your order is being sent by a trackable service, these details will be included in the shipping email we send you.
Where does my order ship from?
We have an in-house production factory set up in the United States as well as India. Besides that, we also have some third-party vendors who help us print some of our products to perfection. The shipping depends on the products purchased by the customer and also the delivery time of the final product.
Shipping & Manufacturing
At Neon Earth, customer rules. Each product is well thought out and is printed to perfection before being shipped off to you. We have a team in the United States and India to look after manufacturers and shipping services to get your order from the site to your doorstep.
While the majority of our in-house orders print and ship within 3 – 5 business days, some of our products are sourced from a third party vendor - shipping those products might occasionally take up to 4 - 10 business days.
Want to know more? Wish granted! The following are the main stages of our shipping and manufacturing process.
When will my product arrive?
You can find estimated delivery dates on the checkout page while placing the order. Shipping date may vary based on the shipping method chosen by you.
How do I know my order is confirmed?
Once your purchase is complete and you make the payment, we’ll send you an order confirmation email, with necessary details like the order number, order summary, total cost, and the shipping address.
After this, your order details are sent to our production team or one of our third-party printers.
Each item you order is custom made for you, meaning we don’t hold stock in a warehouse.
Your order is then shipped to your door, or your office, or wherever you want it to be! It’s yours after all.
At this stage, you will receive a shipping confirmation email, so you know happiness is on its way!
Important Note - Shipping time may vary depending on the products you purchase, where it’s going, and also on the type of shipping you choose - Standard shipping or Express shipping. Remember, we only ship in business days, excluding National Holidays.
And, Viola! There you have it - Our entire manufacturing and printing process. You get a thing you love. An artist gets paid. What’s not to love, right?
PRICING & SHIPPING COSTS
In each product category across the Neon Earthwebsite, you might have noticed a wide range of prices. This is because we have a wide range of quality & material available for our products.
Are you a thrifty-budget shopper? You can save a few bucks by:
- Keeping an eye on our social media pages (Facebook, Twitter, & Instagram) - Joining our mailing list for alerts about special promotions
We invest in the way products are shipped to make sure your orders arrive without a hitch. Due to this very reason our shipping costs may vary and depend on a few key factors:
Whether you choose Standard, Priority Or Express shipping
- Where the order is shipping to and from - The packaging used to ship each part of the order - Orders containing multiple items may be printed at different facilities, adding to the shipping cost
Can’t wait to get your order? We suggest choosing the Express shipping method at checkout. It might cost you a little extra but it will ensure that your order arrives with warp speed.
Returns & Exchange
We want you to love what you bought. So, if you aren’t completely contented with your purchase, we can sort out a replacement or store credit for situations where:
- Damaged product/goods were delivered to you - Print issue/wrong size/wrong color/wrong product - Or, for any other defects from our end
You can file for your refund/exchange by notifying the above issues within 7 days of order delivery to our Neon Customer Service.
The refund can be credited in one of the following ways:
- As a voucher to be redeemed on your next order - Refund in the bank account
The refund would be processed once the verification of the issue is confirmed. Once we start with the refund process the refund should reflect in your account within 21 working days; depending on when you applied for a refund.
The exchange of items is possible. If you want to exchange the product with the same product or with a product of equal or less monetary value in case of damaged goods.
Any cancellation of an order done within 5 hours of placing the order will be refunded fully. After 5 hours of placing the order, the cancellation charges would be applicable as:
- In processing – 60% Refund - In production – 30 % Refund - Printed and shipped – No refund
Let’s Get Rollin’
First things first! How does Neon Earth work?
Neon Earth is a one-stop destination for everything artistic! So, Hop-On Aboard to the most creative journey you are ever going to have.
We have you covered! Here’s a quick rundown for you:
- We love art and LOVE empowering artists even more! Any artist from around the world can Sign Up with us for FREE and start working in their Digital Design Shop by uploading or creating art.
- Anyone from around the world comes to the website, finds a product they love, and clicks! They order the product, just like that!
- The artist or designer that the art belonged to gets paid and the customer supports local artists.
As an artist, all you gotta do is Set Up Your Shop and upload your designs on a variety of products or just create a design in our in-built Creative Lab! We have our own production house, so we take care of printing, packaging, shipping, doorstep delivery, and even customer support. Simple, right? Just design awesome stuff and make your bank account go Ka-Ching!
Your Account aka Your New Haven
Your Neon Earth account is a ticket into a community of talented artists and designers. Here, you’ll be able to Upload & Sell your stunning artwork, Receive Email Updates about promotions and features, we’ll let you know about the various trends and themes to follow so you can up your sales game and maybe send you a goody basket?. The sky is your limit!
The best part? There is no formal vetting process and it is all FREE. If you’re over 16 and are looking to become the next big thing (and have responsibly combed over our User Agreement), you can pick yourself a kickass name for your shop! The world is your oyster, so you can pick any name for you shop as long as it has not been used before.
You gotta complete your account before you start selling your amazing artwork! So make sure you have a verified PayPal account (That’s the one we like! And that’s the mode of payment we use!) to complete your account set up (Dollar Dollar bills y’all!). Once you have entered all the necessary details hit save changes.
How do I keep a track of my earnings?
You can keep a track of all your earnings via the Earning page. This page lets you keep a track of the royalties earned with each of the orders, the status of the order, quantity, date of order, and more! Keeping a track of this page can help you analyze sales trends in order to optimize your marketing efforts and increase traffic to your work.
*Please note that it could take up to 48 hours for this data to display in your dashboard.
Can I change my email address?
As of now, you cannot change your email address once you have registered an account on the website. We request you to choose your official email address while registering your account to have a hassle-free experience!
Can I close my account?
If you wish to deactivate/close your account - you will have to get in touch with our Neon Customer Support Team and raise a request for the same. Once the request is raised your account will be closed within the next 24-48 hours.
Now, let’s get to the best part - Designing
DIMENSION & FORMATS
To make sure your designs are printed perfectly on the products, you’ve got to keep the dimensions and format of the products as well as your designs in mind.
Confused? Let us tell you more!
A good rule of thumb is - Try to upload high-resolution files because they make the best prints.
Product Dimension Requirements
To ensure a good quality print, each of the products on our site has a defined file dimension requirement, i.e., the minimum resolution a file needs to have to be enabled on a certain product.
If you'd like to use a single image file for every product, we'd recommend starting with 7632x6480 pixels.
Important Note – Images above 30MB, cannot be accepted on the site due to the heavy load they place on our servers. But if your final file size is bigger than 30 MB & you want it on the site, we are here to help! You can contact our expert Customer Support Team & they will help you out with the process. Pretty neat, right?
Also, please note that DPI and PPI don’t have any effect on your final uploaded images.
Neon Earth accepts JPEG, PNG, GIF. EPS, AI, and PDF.
The CMYK color profile works best for print while RGB works best for viewing designs on the web.
For the best of both worlds, you should design your work in the CMYK format. Then before you upload, convert the finished work into the sRGB color profile and Viola!
Back to Basics - All about Design!
While we welcome and encourage a wide range of art styles and media, there are a few key things to consider to optimize your work for print.
Our uploader accepts both JPEG and PNG, EPS, PDF and AI but we recommend uploading in JPEG & PNG. PNG format because they allow for transparent backgrounds and their small size makes for quicker uploads.
One of the best features of designing in the PNG format is that you can utilize transparent backgrounds. This means you can have the color of the fabric appear through the image.
Raster Graphics vs. Vector Graphics
Raster Graphics are made up of a grid of pixels, also known as a Bitmap. This would include pictures found on the internet and photos you import from your digital camera.
The more you enlarge a raster graphic, the more you stretch the pixels, resulting in a more pixelated image.
Vector Graphics are made up of paths which are defined by a start and end-point, along with other points, curves, and angles along the way. A path can be a line, a square, a triangle, or a curvy shape. These paths can be used to create simple drawings or complex diagrams.
This is because vector images are not pixel or dot-based, they can be scaled up or down in size without losing quality. Once you’re happy with the size of your vector graphic, you’ll need to rasterize and save as a PNG to upload to your Digital Design Shop on the Neon Earth website.
It’s time to make your bank account go ka-ching! Here’s everything you need to know about uploading your stunning designs.
Adding and Adjusting Work
-Once you Sign Up with us as a seller. Go to your profile and click on ‘My Designs’ from there click on ‘Add my Designs.’ This will take you to our Product Page. -The world is your oyster now! Select any product that you think will help your art shine. Once you select your product from our wide range ofproducts we will straight transport you to your Creative Lab where you can design or upload your artwork on the product of your choice. -Almost there! After uploading your design hit the ‘Save’ button andselect ‘Put Up For Sale In My Design Shop.’ Once you do this you simply needto enter a few details like Title, Description, Mood, Style, etc. -Finally, click on the ‘Send for Approval’ button and we’ll do the rest!
Enabling and Disabling on Product
You can select any and all products that you think would make a killer combination when combined with your designs. You can enable/disable these designs whenever you want by contacting out customer support team or by sending out an email to firstname.lastname@example.org
You can’t rush art!
Add your designs to the products one by one to achieve perfection! We have multiple fabrics for your art to shine!
How do I add my designs to these fabrics, you ask?
It simple! Use our “Add Product” functionality under the “My Products” section in the Creative Lab. Products which have similar canvas area will also reflect under this section. All you need to do is to select the product and the fabric & Viola! - Your design will be added to the selected product.
I am an artist on the website, do I get a discount on the products?
Being an artist with Neon Earth means fun, $$$, and discounts! Yup, you heard that right - discounts! You are eligible for a 10% discount on all your orders if you are an artist with us. However, since this is your personal purchase, you would not be eligible to receive a royalty on your own designs.
We try to ensure that we do not hurt the sentiments of any community, religion, race or have any artwork that disrespects them and that we do not have any mature content available on our website. To implement this successfully - in the initial phase, all designs would go through an approval process. The approval process may take up to 24 hours before they start reflecting on our website. If your design is not approved within this time, you can reach out to our support experts at email@example.com or contact our Customer Support team.
If your upload is failing to complete or is slower than usual, there may be a network issue related to your computer or your network. Don’t work, we have got you covered! Here are a few things you can try:
-Double-check your File Format and Dimensions (no larger than 30MB) -Clear your cookies and cache (always a good practice). -Try a different web browser, device, or connection. -Update your browser or operating system. -Try adding uploading.NE.com to any trusted or safe lists in your software.
If the basic steps don’t work, then let the pros take over. Here are some advanced steps you can try:
-If you are using a VPN to change your online location, disable it, or any other extensions/add-ons that may be interfering with your browser. -Reset your modem by turning the power off for a minute and then turning it back on. -If you connect to the internet through a router, try connecting your computer directly into the modem. -If you connect to the internet wirelessly, move your computer closer to the wireless access point. -If you are using a work computer or other networked computer, speak to your network administrator about any filters or settings which might be affecting your use of Neon Earth.
If All Else Fails
There’s still hope! If you have tried all of the above suggestions and haven't been able to upload your designs, please get in touch with our Customer support team with the following details:
-Copy the above list and explain what happened when you tried each suggestion. -Which web browsers you have tried using (including version numbers) -Which operating systems you have tried (including version numbers) -A screenshot of any error you might be receiving
It might be a little bit of trouble but this additional information is essential for us to help you better.
Dollar Dollar Bill Y’all!
Artist Payment Process
You’re officially making money off of your stunning art! Life is sweet, isn’t it? Now let us tell you how to collect your hard-earned cash!
Before you can make a sale, double-check that your profile and account details are ready and revvin’ to go.
Head to your Account Details page and make sure your payment information is correct. You will be paid via direct deposit through a verified PayPal account. For this, you'll be required to log into your Paypal account after choosing PayPal as your preferred payment method.
Yes! Someone’s recognized your genius and wants to make you rich!
Look out for the “Earning” email, which will include details on which of your masterpieces got sold, at what price, and what you earned. You can view every sale you’ve ever made in your Earning page under My Account.
If you’re logged in, buying from your own shop doesn’t constitute an official sale! Self-purchases will not be considered for royalty payments though it may appear in your sales.
After 3 - 5 days of printing time, the order finally ships and makes its way to the buyer.
It’s official. You’re getting paid! Check for the Manufacturing Invoice in your inbox. You can also check the ‘Order Status’ column in your Earning page. Each confirmed sale will say ‘To Be Paid’ or ‘Paid’.
The official pay cycle begins on the 27th of every month. You are paid for every shipped sale you made between the 15th of previous month till 15th of current month.
If your sales have not shipped by the 27th, they carry over to the next pay cycle. You can double-check the sales’ Ship Date & your earnings in your sales history under the Ship Date column and your earnings on the earning page.
What if an order is canceled?
Orders that have been canceled before shipment, do not get paid out at all.
Although the pay cycle begins on the 27th of each month, it may take a few extra business days to reach you.
If they’re going to a PayPal account, please wait an additional 5 business days. You may have to log into PayPal to claim your funds.
What if I still don’t receive my payment?
If you’ve waited the allotted time and still have not received your funds, feel free to get in touch with our Artists Of Neon Team via email at firstname.lastname@example.org. We’ll be happy to help you out!
Can I transfer my earnings?
In short, no. Unpaid earnings cannot be transferred into NE store credit, vouchers, or gift certificates. We are also unable to transfer or add earnings together if you have more than one NE account.
Can I be paid early?
Sorry, but we don’t offer this service. We would only be able to release your payment as per our payment cycle.
Please double-check that the payment details you have provided are correct.
Payments that were sent to an invalid bank or PayPal account will be returned to us. If you've simply misspelled your PayPal email you can correct that in your payment details, and the payment will be reprocessed in the next payment cycle.
If PayPal or your bank returns your funds to us, we will block future payments until you update your PayPal or bank details. If an update is not required, please contact the Artist Experience Team to manually cancel your payment block.
If you've confirmed your payment information is correct, and you still have not been paid, you can always contact our customer support team.
For a speedy investigation, please include the following when you submit your help request:
-Your account shop-name and email address -Confirmation that you have received the sales notification email and the manufacturing receipt email for the sale(s) in question -The individual sales numbers that you feel you have not been paid for
As a selling artist, it’s important to get familiar with the way pricing and payments work in the Neon Earth marketplace. Artists are entitled to receive a 10% commission on each sale made with their art. The margins would be calculated on the price of the product before the taxes.
Sales and Discounts
The margins would be on the price of the product after discount and before the taxes are applied.
GST, VAT, and Taxes
Neon Earth is an online marketplace where artists can sell their artwork on a wide range of products to customers from around the world. Neon Earth collects proceeds on behalf of the artist and deducts its service fee, shipping costs, and the supplier’s manufacturing fee, before paying the remaining funds to the artist (Artist Margin).
Tax is included in orders where applicable and may include sales tax, GST, or VAT. Because taxes vary around the world and based on personal circumstances, it is the responsibility of all artists on our platform to make sure they are handling their personal taxes correctly. This is further outlined in our User Agreement.
We recommend that you seek professional advice on whether you should or should not register for GST, and update your tax settings accordingly.
POLICIES & GUIDELINES
Mature Content refers to works containing content that may be considered not suitable for viewing by some audiences, such as nudity, blood, guns, alcohol, drugs, violence, adult language, and other similar themes.
Marking your work as Mature Content ensures that it will only be seen by viewers who choose to include this content while browsing the Neon Earth website. Failure to comply with this guideline may result in account restriction or closure. Pornography and other gratuitous content are not strictly prohibited from the website. We also have an approval system in place to keep a check on mature content.
Members Under 16
Neon Earth requires that all members be at least 16 years of age. This means you cannot create an account or have an account created or managed on your behalf until you have turned 16.
Parents and Guardians
If you have creative children or teenagers who are 15 years or younger, you are welcome to upload their work into your own Neon Earth account. Please do not create a separate account for your child before their 16th birthday. You can use the artwork description or title to identify your child as the creator. After your child's 16th birthday they can create and manage their own account on our website.
Reporting Underage Accounts
If you see someone using an account in the name of someone 15 years or younger, please let us know at email@example.com (Need to check with Uttara as I heard where this is not going to be part of the agreement)
COMMUNITY & CONTENT GUIDELINES
Content & Suspension
Neon Earth exists for you to share and sell your creative works. The community welcomes artists of all experience levels practicing in various mediums and genres. So, we request you to please be respectful and considerate of others and their work.
We ask that you practice self-moderation in what you choose to upload. Initially, all design uploaded on the website would go through an approval process. Hence; if we come across any inappropriate content the design would not be approved or be rejected. The things you see and read on Neon Earth may include some content you do not like or agree with. You can request that the work be reviewed by reaching out to our customer support team.
You keep the copyright of any content you submit or upload to the website. In order to receive the Neon Earth services, you grant Neon Earth a non-exclusive royalty-free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the Neon Earth website you represent and warrant that:
-You own all copyright in the content, or if you are not the owner - you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license Neon Earth to use and sub-license the content in accordance with this agreement. -You and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent, or right of privacy. -You or your content, and your use, storage, reproduction, and display on the website will comply with all applicable laws, rules, and regulations. -Your content should not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. -Your content should not include 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. -Your content should not be misleading and deceptive and should not offer or disseminate fraudulent goods, services, schemes, or promotions.
Neon Earth reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion. In addition to these conditions, Neon Earth has produced a set of guidelines describing how we strive to administer the site.
REPORTING A CONCERN
Report an artwork or design:
If you find any inappropriate content on our website, we request you to notify our team immediately by sending us an email at firstname.lastname@example.org. Once reported, the content will be reviewed by a staff member and if found to be outside our community rules or guidelines, may be removed from the site. Most reviews occur within a few days but it may take some time to completely resolve the issue. Each reported work or situation will be reviewed and assessed on a case-by-case basis. Unfortunately, we are not able to reply to every individual report sent but be assured that we will take action against all things unethical.
Intellectual Property & Publicity Rights
Neon Earth is a community built on respect and recognition of artists. We request you to remember this when you are posting work on our website. If you make sure that all the work you upload consist of your very own, original ideas and is not infringing on the intellectual property or publicity rights of another, you will help us foster the supportive and creative environment that is Neon Earth. And, besides being counter to all that we stand for - stealing other people’s work and passing it off as your own is against the law:
There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, in general...
Copyrightlaw protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.
Trademarklaw protects the use of words, symbols, designs, or logos that identify and distinguish a source of goods
Publicity Rights protects an individual’s name, image, and likeness. Basically this means you can’t use someone else’s identity, to your commercial advantage, without their consent.
A Note Of Fair Use: You might be able to incorporate someone else's copyright or trademark into your own work if you do it in such a way that is considered "fair use" or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it in connection with the Neon Earth service. While some uses might appear “fair” or permissible to you, we ask that you understand that NE must act in accordance with its Notice & Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are otherwise alerted or aware of potential infringement issues.
Ultimately, you take full responsibility for the work you upload and display on our website. This is reflected in the User Agreement. The use of our website indicates continued acceptance of this Agreement.
So if someone has created or owns the rights to a picture, painting, photograph, logo, story, poem or any other work, copyright, trademark or publicity right (regardless of whether it’s an individual or a large global company), obtain consent before you use that work in connection with the NE service. This will help ensure that you don’t infringe on the rights of any third party and help us promote an encouraging and inspiring environment filled with wit, soul, meaning, and aesthetic genius.
Repeat Infringer Policy: It is Neon Earth’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademark rights, other intellectual property rights or publicity rights of others.
Don’t be fooled by any complicated jargon (and how snazzy we look in pinstripe). We are not your lawyer and this is not legal advice. We recommend contacting an attorney if you need an actual legal consultation.
Rather, consider this as a piece of general information aimed at giving you the legal lay of the land. While we can’t defend you in court, we know that art and IP ownership can be murky territory; the least we can do is aim you with the right kind of knowledge to get you starte
What’s a copyright and what does it protect?
A copyright is a legal right that protects original works of authorship. Examples of things that can be protected by copyright are:
-Visual art (like photographs and illustrations) -Written material (like texts from a book or a web page) -Recorded material (like dialogue from a movie and song lyrics)
How can copyright help me as an artist?
The answer is in a lot of ways! If you own a copyright, it generally means that only you can use your creation unless you give someone else permission. For example, no one else can:
-Copy your artwork -Modify it -Sell it -Perform it
Remember: A copyright only protects the actual things you make, not the ideas you have. If you dreamt of a wombat riding a motorcycle, it’s not copyrighted ‘till it’s on a tangible medium (on paper, on your computer, or on film). So make your ideas happen!
How can I copyright my artwork?
In some parts of the world, you just make your original artwork and presto chango! You’ve automatically got yourself a copyright. In others, you might have to apply for copyright registration to obtain copyright protection (or registration might give your copyright greater protection).
For example, in the USA and many European countries, you can register your copyright to create a public record and to potentially improve your ability to enforce your copyright in a court of law. For more information, check out www.copyright.gov and www.eucopyright.com.
What can I do to ensure that the products I sell on NE don’t infringe someone else’s copyright?
As long as you’re creating your own original art, and you’re not using any elements of others’ creations, you’re probably not infringing on someone else’s copyright. If your work includes something that you didn’t come up with yourself (for example a character from a video game, text from a book, or lyrics from a song, etc.), you might be infringing someone’s copyright. If that’s the case, you’ll need to make sure that:
You’ve received a license from the owner, or
Even in countries like the United States, it’s notoriously hard to figure out if something qualifies as fair use. And the owner of the original content may disagree with your interpretation of whether your artwork is fair use. Even if you change someone else’s copyrighted material in a substantial way, you may still infringe on their rights.
There can also be more than one type of right that protects a particular work, each of which can be owned by a different person or company. Say the aforementioned motorcycle-riding wombat is wearing a kickass bandana with a company logo. Although you may own the copyright to your drawing, that company might own the trademark rights to its logo (or even copyright in the logo).
This could limit you from using your work in the way you want. Still, confused? Unfortunately, no one-size-fits-all answer is going to tell you whether your particular artwork is infringing. If you have a specific question or concern about your artwork, it’s always best to speak to an attorney before you upload it to the NE marketplace.
What’s a trademark?
A trademark is a word, phrase, design, or combination of those things that identifies and distinguishes the source of a product from others. People often think of trademarks as representing brands.
Can I use someone else’s trademark in my own artwork?
A trademark is meant to represent a brand and protect against consumer confusion. If you were to use the title of a video game or a company’s logo in your artwork, depending on how it’s used, it could amount to trademark infringement or lead a consumer to believe that the t-shirt you’re selling is official merchandise being sold by the brand you’ve referenced. Unless you’ve worked out a deal with the owner of the specific trademark you used, or you’re using the trademark in a legally acceptable way, your actions may infringe.
It can even be trademark infringement if you modify a company’s logo before using it in your art. Changing the color, shape, or font of the logo may still be similar enough to the original and amount to trademark infringement or a similar violation of someone’s rights, like unfair competition or passing off.
But what about fair use, you might ask? In some countries, there is something called “trademark fair use,” but again, unfortunately, it can be really hard to figure out if using a company’s name or logo in your artwork is fair use There may also be other defenses or exceptions to trademark infringement in other countries. As always, if you’re not sure whether your work would infringe someone’s trademark rights, it’s best to seek advice from an attorney before you upload it to the NE marketplace.
What are publicity rights?
Imagine you’re perusing the website and you stumble on merchandise with a familiar face—yours. First, relish and/or cringe at your newfound internet fame. Second, cue your publicity rights. In the USA, no matter your status or celebrity, publicity rights can protect the commercial use of a person’s identity (including yours!).
On the flip side, that means that publicity laws may also prevent you from using someone else’s name, image, or likeness to sell your products. If your artwork uses someone else’s name or the image is recognizable enough, it may violate his or her publicity rights, even if it’s your own drawing or other artistic interpretation of the person’s likeness.
Other countries might have similar laws that protect publicity rights.
Can I use someone else’s name, image, or likeness in my own artwork?
Long story short, it’s never a good idea without express permission from the person. Publicity rights apply to photographs, illustrations, and every media in between.
Even if your masterpiece is a tasteful macaroni homage to your favorite actor—that actor (or company that has licensed that person’s publicity rights) may not approve. This could result in your artwork being named in a takedown notice and its removal from NE.
But remember: you own your own likeness. In most cases, that means somebody can’t just sell a picture of you! That also means you can use your name and likeness in whatever way you wish and realize all the possible profit.
If you’re unsure whether your work would infringe someone’s publicity rights, it’s best to seek advice from an attorney before you upload it to the Neon Earth marketplace.
Someone is Infringing My Rights or the Rights of Another
What if a user of the Neon Earth marketplace is infringing on my rights?
Don't just scream “I DECLARE INFRINGEMENT!” into the sky loudly; we may not hear it over at HQ.
Seriously though, NE follows a takedown process modeled after the process set forth in the U.S. Digital Millennium Copyright Act (DMCA), which provides rights holders the ability to issue takedown notices and the alleged infringers to counter claims of infringement. To learn more about our takedown and counter-notice process, please read our IP and Publicity Rights Policy.
What should I do if I see something on Neon Earth that I think may infringe on another person’s rights?
First, resist the urge to go all vigilante crime-fighter.
While your intentions are good, only the person who holds the intellectual property rights (or someone acting on their behalf, like an attorney) can lodge a valid takedown notice under NE policy and applicable law.
Why is the law set up this way?
The rights holder is in the best position to identify what he or she considers infringing. There could be some fact that you don’t know about as to why the content owner did or didn’t file a complaint about a particular user’s work.
What can I do if my works are being used somewhere on the Internet without my permission?
Eye patches, hook hands, phrases like “Argh Matey”. Yeah. Pirates are awesome.
Internet pirates, on the other hand? Not so awesome. We don’t stand for people stealing the work of NE users (or stealing the work of anyone), so we do what we can to safeguard your artwork on our site. If you happen to find a work being used without your permission by another NE user, you can send us a takedown notice and we’ll handle it promptly according to our policies.
However, we aren’t able to remove works from other websites for you. If your work is being used on another website without your permission, it’s up to you to request its removal from the operator of that website.
This may be more straightforward than you’d think. You can visit the website in question and learn about its policy for removing the infringing material. Most sites have a process in place for handling complaints. If they don’t have a process, or you can’t contact the website owner, you may be able to contact the website’s Internet Service Provider (ISP) and ask them to block access to the web pages with infringing content.