- Term Acceptance Requirement
This contract sets out your rights and responsibilities when you use the services provided by Avant Debut. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
- Submitted Content
Enumerated below are the specifications we take in handling and assigning your submitted content
- Responsibility for your Content: You understand that you are solely responsible for your submitted content. You represent that you have all necessary rights to submit content and that you’re not infringing or violating any third party’s rights by posting it. Liability for any such infringement is placed entirely upon the individual submitting such content. Arbitration or raised objections will be deferred to the respective person posting such content.
- Permission to Use Your Content: By posting your content and agreeing to disclose it to our website, you grant Avant Debut a license to use it. We don’t claim any ownership to submitted content, but we have your permission to use it to help Avant Debut function and grow. Such measures are in place to help the website and user exposure grow symbiotically.
- Rights You Grant Avant Debut: In posting your content, you grant Avant Debut a non-exclusive, worldwide, royalty-free, temporary license to use, display, edit, modify, distribute, store, and prepare derivative works of your submitted content to promote Avant Debut, your specific public image, or any associated services in general, in any formats and through any channels, including across any Avant Debut services or third-party website or advertising medium.
- Term: Unless otherwise explicitly stated, creators may opt for either a monthly or unspecified term. Compensation and exposure are not contingent on listing amounts.
- Reporting Unauthorized Content: Avant Debut holds paramount the respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from our platform. If content that you own or have rights to have been posted to Avant Debut without your permission and you want it removed, please contact email@example.com.
- Proper compensation: Creators are to receive a 70%, or otherwise agreed to commission rate (of list price and profit margin for digital and print products respectively), disbursed weekly via agreed electronic communication method.
- Proper Storage of Creations: Delivered digital content is stored securely in both offline and online storage systems. Access to such content is limited only to Avant Debut executives or staff as required. Avant Debut executive team or staff will not retain or use any content on a personal basis without proper compensation.
- Pricing: Digital pricing is the responsibility of the Creator alone. Print pricing will include standardized guidelines, but are subject to the Creator's approval. both amounts can be changed at their respective discretions. Any discount programs will be the burden of Avant Debut alone, unless otherwise specified or directed.
- Right To Revoke: The Creator reserves the right to revoke their creation from Avant Debut at any time. We will properly remove the listings within 72 hours of proper notice.
If your submitted content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
- Inappropriate, False, or Misleading Content. Avant Debut reserves the right to dictate what content can and will be posted to our marketplace. Vulgar, obscene, or explicit creations will be subject to additional scrutiny, and final judgment is Avant Debut’s alone. If we feel your submission is too vulgar for our marketplace, we will notify you with specifics as to why your submission will not be included.
- Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- Legal Usage of Avant Debut’s Platform: You agree that you will not violate any laws in connection with your use of our platform. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your submission requires; you may not sell anything that violates any relevant laws regardless of jurisdiction, and don’t commit fraud, theft or any other crimes against Avant Debut, another Avant Debut user/contributor or a third party.
- Avant Debut Platform Functional Respect: You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Trademark Policy. The name “Avant Debut,” and the other Avant Debut marks, phrases, logos and designs that we use in connection with our platform, are trademarks, service marks or trade dress of Avant Debut in the U.S. and other countries.
- Feedback Policy: Any unsolicited ideas or other materials you submit to Avant Debut (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. This does not pertain to submitted creations.
- Online Facilitated Communication Policy: Avant Debut transmits legal and informal communication via digital means. By using our platform, you agree to our Electronic Communication Policy, which describes how we provide that information to you. Your electronic agreement is the same as your signature on paper. All electronically signed or agreed to materials are considered legally standing and valid, regardless of the existence of a physical copy.
- Warranties and Limitation of Liability
Items You Purchase. You understand that Avant Debut does not develop or hold the rights to any of the creations sold through our platform. We provide the venue; the creations on our marketplace are developed and licensed directly by independent sellers, so Avant Debut cannot and does not make any warranties about their copyright, ownership, or nature of the submitted work. Creations are vetted before posting, but such reservations are still held in every respect. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Avant Debut from any claims related to creations sold through our platform, including for defective native files, misrepresentations by sellers or items that caused physical/mental harm (i.e. product liability claims).
Content You Access: We make no representations concerning any content submitted and posted through our platform. Avant Debut is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through our platform. You release us from all liability relating to that content.
Warranties: You understand that our platform is provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) our platform will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) our platform will be free of viruses or other harmful materials; or (iv) the results of using our platform will meet your expectations. You use our platform solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Avant Debut, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with our platform or these Terms of Service. In no event shall Avant Debut’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Avant Debut in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
- Disputes with Other Users
If you find yourself in a dispute with another user of Avant Debut’s platform or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Avant Debut will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Avant Debut has no obligation to resolve any disputes.
Release of Avant Debut: You release Avant Debut from any claims, demands and damages arising out of disputes with other users or parties.
- Disputes with Avant Debut
Please contact Avant Debut with any objections, and we will act to provide a quick resolution. But if we can’t, then these rules will govern any legal dispute involving our platform:
- Changes to the Terms
Please contact firstname.lastname@example.org with questions regarding our terms.
Please read the following information carefully to understand our views and practices regarding your personal information and how we will treat it.
Your right to privacy is important to us. We take the security of your personal information seriously and we have strict policies and processes in place to ensure it remains safe.
We are a limited liability company incorporated in the United States and our registered address is 412 N Main St STE 100, Buffalo, Wyoming 82834. If you provide us with personal information via or through using our Site, www.avantdebut.com ("Site") or by otherwise communicating with us, we will act as the 'data controller' of your personal information. Under the Data Protection Act 1998, the 'data controller' is responsible for ensuring that your personal information is lawfully and properly processed.
Our Site allows you to:
– download complimentary creations,
– purchase creations, and
– to subscribe for email newsletters so you can keep up to date with personal information and the latest news.
So that we can do all of this and more, we will need to share your information with a number of partners. Therefore, some of your information may be 'processed' by one or more of these entities.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information about you:
Information you give us. You may give us information about you by filling in forms on our Site or by corresponding with us by telephone, e-mail or otherwise. This includes information you provide when you: use our Site; register to use our Site; subscribe to receive newsletters and marketing (via email) about Avant Debut; search for creations on our Site; and place an order for creations on our Site. The information you give us may include your title, first and last names, address, country of residence, e-mail address and contact telephone number, date of birth, personal messages you wish to send to recipients of creations that you have ordered as a gift from our Site and/or details relating to why you are corresponding/contacting us.
Information we collect about you
Records of our contact with you, which may include notes on our systems, emails or electronic communications and written correspondence and any telephone number used by you to call our customer service phone number;
With regard to each of your visits to our Site we may automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type (e.g. Safari or Internet Explorer) and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Site (including date and time); products, pages and items you viewed, searched for or purchased; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources
We may from time to time work closely with third parties (including for example, business partners, technical and payment services providers, advertising networks, analytics providers and search information providers) to ensure that our Site and the information and/or services we provide to you work effectively and we may receive information about you from them.
INFORMATION THIRD PARTIES MAY COLLECT FROM YOU
You can find out how to manage cookies, and to make the changes to your browser that we refer to above at this site: http://www.allaboutcookies.org/manage-cookies/.
We use the following cookies:
– Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
– Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
– Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
– Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Subscribing to email newsletters and email marketing
If you ask us to keep you up to date, or permit selected third parties to keep you up to date (see "Who we share your information with" below), via email with the latest news and information about avantdebut.com and Avant Debut LLC, we will gather information to measure and understand the effectiveness of the email communications sent to you;
HOW WE USE YOUR INFORMATION
We use information held about you in the following ways:
Information you give to us
We will use this information as follows:
– to permit you to purchase creations from our Site;
– download creations and complimentary preview materials and content from our Site;
– to keep you up to date, or permit selected third parties to keep you up to date (see "Who we share your information with" below), with the latest news and information about us. This will only happen where you have consented to receiving such news and information (e.g. by ticking the appropriate box on our Site) from us. If you do not want us to use your information in this way, or you do not want us to pass your details on to selected third parties for the purposes outlined above, please do not tick the relevant box on our Site and, if you have ticked the relevant box in the past, please contact us and ask us to cease using your information in this way;
– to allow you to participate in the interactive features of this Site, when you choose to do so;
– to notify you about changes to our Site, changes to the products and/or services offered via our Site and/or changes to the terms and conditions and/or policies shown on our Site; and/or
– to ensure that content from our Site is presented in the most effective manner for you and for your computer.
Information we collect about you
We will use this information:
– for the purposes of carrying out your requests (for example, to address matters relating to our Site and/or the services provided via our Site) which you make known to us in electronic communications, written correspondence and/or during telephone calls you make to our customer service number and for the purposes of keeping records of the aforementioned electronic communications, written correspondence and/or telephone calls;
– to administer our Site and for internal operations. Such internal operations will involve troubleshooting of technical issues that arise in relation to our Site; testing of our Site following resolution of such technical issues; analysis of statistics arising from the information collected about you (for example, using information gathered by cookies on our Site to ascertain what content on our Site is accessed by members of a particular age group) and will only involve the use and/or processing of information in an anonymous form to measure and understand the effectiveness of the services provided via our Site (for example, we may share aggregate information about the number of people who access our Site and go on to purchase products via our Site);
– to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
– to allow you to participate in interactive features of our Site, when you choose to do so;
– as part of our efforts to keep our Site safe and secure;
– to make suggestions and recommendations to you and other users of our Site about products or services that may interest you or them.
Information we receive from other sources
For information on how we will use information we receive from other sources, please see the explanation above at "Information third parties may collect from you".
WHO WE SHARE YOUR PERSONAL INFORMATION WITH
We may share your information with selected third parties:
– Analytics and search engine providers that assist us in the improvement and optimization of our Site such as Google Analytics; and/or
– To disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their legal rights, including their intellectual property rights or of their right to privacy.
We may also disclose your personal information to third parties:
– In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
– If Avant Debut LLC or substantially all of its assets are acquired by a third party, in which case personal information held by it about its customers and Site users will be one of the transferred assets;
– If we are under a duty to disclose or share your personal information in order to comply with any legal obligation; and/or
You have the right to access the personal information we hold about you under the Data Protection Act 1998. This is called a Subject Access Request. Should you wish to make a Subject Access Request, please make your Subject Access Request to us in writing. Please be advised [that a fee of $10 (payable to Avant Debut LLC) is applicable per request] . This fee is to meet our costs in providing you with details of the information we hold about you.
You have the right to ask us not to process your personal information for marketing purposes. We will inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your personal information to any third party for such purposes.
You can exercise your right to prevent such processing by not ticking certain boxes on the forms we use to collect your personal information on our Site and/or by changing your cookie settings on your internet browser. You can also exercise the right at any time by contacting us at email@example.com.