Neon Earth is about celebrating creativity. We encourage you to be involved in every aspect of Neon Earth - 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 all Neon Earth users respect the intellectual property rights of others, including copyright and trademarks. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on Neon Earth. Respecting other peopleâ€™s intellectual property is an essential principle of Neon Earthâ€™s community.
Displaying your work on Neon Earth puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through Neon Earth.
Respect each other and respect the art you find here and youâ€™ll help make Neon Earth an inspiring and enjoyable community.
It is important you read the agreement below. Using this website means you accept the terms of this agreement. Your usage of the neonearth.com website implicitly binds you to the user agreement. By using the website, you agree to the terms and conditions laid out in the user agreement.
All visitors (â€œuserâ€, â€œyouâ€, â€œyourâ€) to the Neon Earth website at www.Neonearth.com (â€œthe websiteâ€) are entering a binding legal agreement on the following terms (the â€œagreementâ€) when using the website. The agreement is between the user and either or both of Neon Earth Ltd (ABN 119 200 592) or Neon Earth Inc. or Neon Earth Europe ( â€œNeon Earthâ€, â€œweâ€, â€œusâ€, â€œourâ€ refer to either Neon Earth Ltd or Neon Earth Inc. or Neon Earth Europe as the context requires) and use of this website indicates continued acceptance of this agreement.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Neon Earth or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
Neon Earth provides a range of services (the â€œNeon Earth serviceâ€) which, amongst other things, enable you to publish, sell, discuss and purchase art; interact with other members; and receive the benefits of Neon Earth's facilitation of product fulfilment, including payment processing, customer services, third party product manufacturing. In addition, Neon Earth will arrange for the delivery of the physical product to your customer.
The digital content on the website (â€œyour contentâ€) may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users. Any content that you upload into the portfolio section of your account is described as your â€œartâ€. Your art may be viewed by all users of the website once you elect to publish it. A customer shopping a product with your art may choose to add content on a product in addition to your art, in order to personalise the product for their needs. However, the customer will not be able to edit your art. You may order a physical product based on your own art or you may offer your art for sale as part of the sale of a physical product. If you or a customer decide to place an order, then Neon Earth may forward your instructions to third parties who will manufacture and ship the physical product in the form specified by you or the customer (â€œthe productâ€).
You can become a registered member (â€œmemberâ€) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. In its sole discretion, Neon Earth may refuse any user name that it decides is inappropriate and / or refuse any person from becoming a member.
You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
You keep the copyright in 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 website you represent and warrant that:
Neon Earth reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Neon Earth in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Any member may offer their art for sale on a physical product on the website by appointing Neon Earth to facilitate the transaction on the terms set out in the Services Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Services Agreement in Appendix A, which will apply from the date on which you offer your first art for sale on a physical product and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.
Users can purchase products on the Neon Earth website using a valid credit/debit card or the PayPal system.
You do not have to be a member to purchase a product.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is the customerâ€™s responsibility to ensure the product delivery address is correct. Neon Earth takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
Payment terms are explained in the Services Agreement.
Delivery will be facilitated pursuant to the customer's instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Neon Earth will charge shipping charges to the customer which will vary depending upon the size and price of the product.
If a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way (for example, a file does not download, a framed print has cracked, or there are loose or torn pages in a book) Neon Earth will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.
If you receive a damaged product, then you must email Neon Earth customer service within 7 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you. We may require you to return the product as a condition to arranging for a new product or other remedy. You will bear the direct cost of returning the product. In addition to the damaged goods policy described above, Neon Earth may in its discretion offer other remedies for customers who wish to return products. Any such remedies will be published in the Help Centre section of the Neon Earth website.
Please be aware that publishing to the website is creator-controlled and we do not screen all of the content on our website. It is the customerâ€™s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
You grant Neon Earth permission to dispose of any inventory that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit.
Neon Earth does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Neon Earth reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the "Inappropriate Content" link that will be displayed beside each piece of art. If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint by using the processes described in our policy here
You must ensure that your access to this website and the Neon Earth service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the Neon Earth service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the Neon Earth service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Neon Earth service, or any transmissions by others in contravention of the registered membersâ€™ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
By submitting listings to Neon Earth, you grant Neon Earth a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with Neon Earth's (and its successors' and affiliates') services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Neon Earth site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Neon Earth site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Neon Earth site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.
All intellectual property rights in this website and the Neon Earth service (including the software and systems underlying the Neon Earth service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
This website may contain links to other websites (â€œlinked websitesâ€). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that the Neon Earth service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Neon Earth service or these websites will be uninterrupted.
You acknowledge that the Neon Earth service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another personâ€™s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any membersâ€™ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:
1.if the breach relates to goods:
2.if the breach relates to services:
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the Neon Earth service, will be exclusively resolved under confidential binding arbitration held in Atlanta, Georgia. All disputes will be resolved in accordance with the Rules of JAMS , applying Georgia law, without regard to conflicts of law principles.
You and Neon Earth agree to submit to the personal and exclusive jurisdiction of the Federal and Georgia State courts in Atlanta County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Neon Earth may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Neon Earth agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Neon Earth agree that any cause of action arising out of or related to the Neon Earth site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
If you have a dispute with one or more users or sellers, you release Neon Earth (and Neon Earth's officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542 which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You may close your account at any time by logging into your account, clicking on the hyperlink titled 'Cancel Account', which appears at the following address : http://www.NeonEarth.com/account/settings, and by clicking on the button titled 'Yes, I'm serious - really, really cancel my account' that appears on the subsequent web page.
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
You wish to use Neon Earthâ€™s services to facilitate marketing and sale of your art on a physical product and to arrange for manufacture of the physical product ("your product") once an order has been made through www.Neon Earth.com ("the website"). Neon Earth will provide these services on the terms set out in this Services Agreement. Additionally, Neon Earth will provide for delivery of such products to the customer.
1.1 Neon Earth, acting as independent contractor under your instructions in relation to the performance of marketplace services, will market to and obtain orders from customers for the purchase of your products over the website and on instruction from you. Neon Earth will arrange for third parties to fulfil those orders by facilitating payment for and manufacture of your products (â€œServicesâ€). Neon Earth will then arrange for the delivery of your products as per the customerâ€™s instructions. Whilst Neon Earthâ€™s capacity is one of independent contractor in relation to the Services, it acts your agent specifically in relation to the sales transaction between you and the customer who buys your product â€“ see further clause 5.2 below.
1.2 Neon Earth will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Neon Earth 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 website, including any art that is the same as, or similar to, your products.
2.1 You grant Neon Earth a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
2.2 You hereby instruct Neon Earth to facilitate the sale of your product which includes payment, processing and arranging for manufacturing your product (s) in respect of the orders placed by the customers via the website and Neon Earth will facilitate such payment, and manufacturing in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.
3.1 The retail price charged to customers who purchase your product is made up of the manufacturing fee charged by the third party manufacturer, Neon Earthâ€™s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Neon Earthâ€™s fee are referred to collectively, and inclusive of tax, as the â€œbase amountâ€), your creator margin (â€œyour marginâ€), and any relevant sales tax (such as Sales Tax, GST, VAT, etc) that Neon Earth and / or you (as the case may be) are liable to account for to the appropriate tax authorities. Shipping charges will also be added to the retail price. When making each individual work available for sale you are able to select any percentage mark-up you wish, greater than or equal to zero, above the base amount but below the automated upper limit (subject to change from time to time). The percentage mark-up selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale.
3.2 You may change the percentage mark-up on top of the base amount at any time by changing your selection on the website. We may change the base amount at any time without specific notice to you and this will affect the dollar value of your margin, which is calculated as a percentage of the base amount (e.g. if we increase our base amount, your margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website.
3.3 Neon Earth will send you an email to the email address you registered in your account to notify you when an order has been placed for your products.
3.4 You agree that Neon Earth makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
3.5 All items purchased from the website are manufactured pursuant to arrangements with third party suppliers under your instructions. This means that title and risk for loss for such items pass from you to the customer/purchaser without passing through us prior to the goods being delivered to the customer under the customerâ€™s instructions.
4.1 You authorize Neon Earth to collect, hold and distribute the retail price (â€œsale proceedsâ€) from customers on the terms set out in this clause 4. Neon Earth will also charge the customer for the shipping which will be retained by us and not affect the amount to be distributed to you.
4.2 You authorize Neon Earth to deduct the base amount (which includes Neon Earthâ€™s margin for facilitation services, including tax where applicable) from the sales proceeds for your products before distributing your margin (which will include tax where applicable).
4.3 We will pay your margin in accordance with the payment method you select on the website. The official pay cycle will begin on 27th of every month. You are paid for every shipped sale made between 28th of previous month till 27th of current month. It may take 1-5 days for the amount to be credited into the PayPal account of the artist.
5.1 Each sale of a product over the Neon Earth marketplace is completed between: (1) you the artist as the seller of the product; and (2) the customer as buyer of the product. In respect of each such transaction, Neon Earth is merely acting as your agent in facilitating the sale of your product to the customer.
5.2 Subject to clause 5.3:
5.3 Neon Earth will only collect or pay taxes associated with a transaction on your behalf if and to the extent that applicable local tax laws or regulations require Neon Earth to do so.
6.1 You hereby indemnify and will keep Neon Earth 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 Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Services Agreement.
7.1 In no case will Neon Earth be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
8.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.
8.2 Neon Earth may give notice of termination of this Services Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Services Agreement by either party, Neon Earth will pay you any accrued member margin proceeds from your account, less a US$5 administration fee.
Neon Earth trademarks, trade dress and Product images may not be used in connection with any product or service that does not belong to Neon Earth, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Neon Earth. All other trademarks not owned by Neon Earth that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Neon Earth.
1. You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Neon Earth, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Neon Earth or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
2. You retain all ownership rights to your Content submitted to the Site. However, by submitting Content to Neon Earth, you grant Neon Earth a nonexclusive, worldwide, royalty-free, sublicensable and transferable right and license to use, copy, reproduce, prepare derivative works of, modify, publicly display, perform and distribute your Content in connection with the Site and Neon Earth (and any of its successors') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works we may create) in any media now known or hereafter developed.
3. You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
4. Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Neon Earth grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
5. Neon Earth grants you a non-exclusive, revocable and limited license to use the Content and Neon Earth tools, images, Product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Neon Earth website. We reserve the right to terminate this license at any time.
6. The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Neon Earth (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Neon Earth upon their submission or communication to Neon Earth, and you do assign all rights therein to Neon Earth and agree that the same will automatically become the property of Neon Earth and that Neon Earth may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Neon Earth may elect, forever.
7. Intellectual Property Policy:Neon Earth respects the intellectual property rights of others. We ask our users to do the same. Neon Earth may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Neon Earth Copyright Agent, and provide the following information ("Notice"):