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These updated terms went into effect on March 8, at 12 a.m. Eastern Time.
Welcome to Findiss platform. By using this platform or websites (the “Site”) and services (together with the Site, the “Services”) offered by Findiss platform. (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Findiss,” “we,” or “us”), you’re agreeing to these legally binding rules herein (the “Terms of Use”). These Terms of Use govern your use of the Site and Services and your relationship with us in connection with the Services.
By accessing or otherwise using any of the Services, clicking to accept these Terms of Use, or accepting these Terms of Use through any other method we specify, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and other use of the Services is unauthorized.
You can browse Findiss without registering for an account. But to use many of Findiss platform’s functions, you’ll need to register, choose a username, and set a password. You are required to use your legal name or a publicly known name. You need to be at least 18 years old to sign up for an account. If you provided false, offensive or abusive information, or breach any clause of Terms of Use, we reserve the right to close your account.
You are responsible for all the activities on your account, and for keeping your password confidential. If you find out that someone has used your account without your authorization, you should immediately report it to contact@findiss.com.
We expect everyone who uses Findiss to behave responsibly and legally. Don’t do any of these things on the Site:
Findiss provides a commerce platform for the licensing and selling of creative products. “Designers” post their ideas/designs on the platform and Manufacturers (Suppliers) can license those designs subject to Designers’ approval. Manufacturers can also sell their own products through an ecommerce shop on Findiss, which is explained in the next section. When a Designer posts a product on Findiss, he or she is inviting Manufacturers to bid for and ultimately license that product from them for commercial purposes, unless otherwise agreed to by both parties and in accordance with the Terms herein. Any registered Manufacturer who licenses a Designer’s product through the Findiss platform is accepting that Designer’s terms as well as the ones given with the Terms herein.
Findiss is not a part of this contract between Designers and Manufacturers. Here are the terms that govern that contract:
When a product is successfully licensed, the Designer must provide the Manufacturer with designs, schematics, files, instructions, and specifications as needed for production of the product in an accelerated time frame, as defined in the licensing agreement. The Designer must respond to production related questions by the Manufacturer within an acceptable time frame. If a faster response time is needed to resolve critical issues, the Designer should respond at their earliest opportunity. Once the Designers has done so, they’ve satisfied their obligation to their Manufacturers.
Throughout the process, Designers owe their Manufacturers a high standard of effort, honest communication, and dedication to bringing the product to market. At the same time, Manufacturers must understand that when they license a product, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents a Designer from solving a production-related issue.
If a Designer is unable to fulfill their obligation, they’ve failed to live up to the basic obligations of this contract. To rectify the situation, they must make every reasonable effort to find another way of helping the Manufacturer bring the product to market in a manner that meets their expectations.
Manufacturers will agree to give Designers a percentage of future gross sales via royalties. Additionally, the Manufacturers have met their obligations to Designers if:
Manufacturers are solely responsible for fulfilling the promises made in their agreement with the Designer. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by Designer.
For a monthly fee set by Findiss and subject to change at any time by Findiss, Manufacturers (Suppliers) have access to an ecommerce storefront through which they can sell products licensed via Findiss as well as their own inventories.
Findiss is the creator and maintainer of the ecommerce storefront platform. Findiss is not responsible for the marketing or sales of the Manufacturer’s products through its platform, except for the software powering it and the processes described in these Terms. Findiss makes no claims and have no liability for sales volume or frequency.
Findiss is not responsible for the physical fulfillment of a Manufacturers’ sales. The Manufacturer is solely responsible for the physical shipment of its goods as well as the physical restocking of its returns. Manufacturer is expected to pay for and absorb these costs. There may be tools in the Findiss platform that facilitate these processes, but the financial costs are borne by the Manufacturers.
Manufacturers are not permitted to sell any of the following products on Findiss: explosives, military gear, weapons, chemicals, agricultural products, animals and fish, fertilizers, or pornography. Findiss, at its sole discretion can request that a Manufacturer suspend the sale of a specific product, Findiss can remove a product at its sole discretion and can suspend the account of a Manufacturer if it believes these Terms have been violated or for any other reason it deems actionable.
Findiss maintains the ability for all Manufacturers (Suppliers) to register a public profile at no cost. A Manufacturer (Supplier) is broadly defined as an entity with the legal capacity to produce and sell a physical product. By registering as a Manufacturer, you hereby agree that you have the right to produce and sell any products you license or produce as a direct or indirect result of posting your profile.
As a Manufacturer (Supplier), you are required to complete and maintain your profile with accurate, up to date information and represent yourself truthfully. Findiss reserves the right to remove a profile at any given time at its sole discretion.
You can remove your product/design from Findiss at any time. You must have internet access and a web browser. You can login and go to your settings and simply remove the product.
Findiss isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party in relating to the use of the Services. We don’t oversee the accuracy, quality, or performance of products posted on its Services or punctuality of physical deliveries between designers, manufacturers, or their customers. We may offer shipping tools for users, but we are not responsible for how our users employ these tools, and we make no warrants nor representations as to how users could or should employ the tools. We don’t endorse any products that users submit to the Site, though at our sole discretion we may feature the products and content of users for our own marketing purposes. When you use the Services, you agree to hold Findiss harmless and indemnify Findiss from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Creating an account on Findiss is free. If you submit a design/invention that becomes licensed on our Site, we (and our payment partners) may collect fees. Our partners’ fees may vary slightly based on your location.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site.
You are responsible for paying any additional fees or taxes associated with the license or sale of your products on Findiss.
Findiss may contain links to other websites. (For instance, product pages, business profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Findiss partners with other companies (such as x and y) for payment processing. When you license or sell a product, you’re also agreeing to the payment processor’s terms of service.
Findiss doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a product for license or sale, or launch a storefront, you agree to these terms:
Findiss platform’s Services are legally protected in various ways, including by the laws of copyrights, trademarks, service marks, patents and trade secrets. You agree not to violate copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to edit, change, translate, or otherwise create derivative works of the Services.
Findiss grants you a license to reproduce content from the Services for personal use only. This license covers both Findiss platform’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need to obtain prior written permission from Findiss or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Findiss fully complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers at our sole discretion.
If you’d like to submit a claim of copyright infringement, please email contact@findiss.com.
You can terminate your account at any time. All provisions of this agreement will survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.)
We may close your account at any time in our sole discretion. In no case will Findiss platform's closure of your account, or reduction of your access to the Findiss Sites waive or affect any other right or relief to which Findiss may be entitled.
Findiss reserves the following rights:
Findiss is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Your use of the site is at your sole risk. The sites are provided solely on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the sites are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the sites will be uninterrupted or error-free; that the sites will be secure; that the sites or the servers that makes the sites available will be virus-free; that information on the sites will be complete, accurate, reliable, timely or useful; or that communications sent from the sites are free of malware or other harmful components. If you access or download any materials from the sites, you do so at your own discretion and risk. You will be solely responsible for any loss or damage to your property or data that results from any such access or download.
No advice or information, whether oral or written, obtained by you from the sites r through or from the sites shall create any warranty of any kind. Disiginir does not make any warranties or representations regarding the use of the materials on the sites in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeless, reliability or otherwise. This disclaimer section is an essential part of this agreement.
This disclaimer does not apply to any product warranty made to you by the manufacturer of the item.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you despite the “Applicable Law” section of these terms of use, some or all of the above may not apply to you, and you might have additional rights.
You agree to indemnify, defend and hold harmless Findiss and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and arbitration costs, arising out of or relating your access to or other use of the Findiss sites, any content you post or supply to the Findiss sites, your violation of law or infringement of the rights of a third party, or your other violations of these terms of use. Findiss reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Findiss if and as requested by Findiss in the defense of such matter.
To the fullest extent permitted by law, in no event will Findiss, its directors, employers, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (I) resulting from your access to, use of, or inability to access or to use the services; (II) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (III) for any conduct of content of any third party on the sit. In no event shall Findiss platform’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Findiss may amend these Terms of Use (including any Service Terms) at any time and at Findiss platform's sole discretion. Unless you reject the update as described below, you will be deemed to accept the changes and they will take effect at the earlier of:
To reject the proposed update, you must, by the deadline on the day specified above, both (1) send us an email to contact@findiss.com. You must send this email from the email address we have on file for your account. The content of the email you send will have no effect on the Terms of Use and may not be read, and a blank email will suffice to request the verification link. No other rejection method is valid.
If you reject the update as described above, then the last version of the Terms of Use to which you and Findiss agreed will continue to apply without modification, but then:
In any case, updates to the Terms of Use apply on a going-forward basis as of the date they take effect.
We may make frequent changes to the Findiss Sites, including changes to the quantity and selection of products sold through the Findiss Sites.
Findiss and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Findiss Sites, any person's access to and/or use of the Findiss Sites, and/or the provision of content, products, services, and/or technology on or through the Findiss Sites, Findiss or you must give the other notice of the dispute, claim, or controversy, and the notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Findiss by email to contact@Findiss.com AND by U.S. Mail to Findiss.com, Inc., Legal Notice, to: 136-80 41st Ave Fl 2 Flushing, NY 11355. To the extent that Findiss has your contact information, it will send any such notice to you by U.S. Mail or your email address. Findiss and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Findiss and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Findiss or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Findiss Sites.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Findiss and you arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Findiss Sites, any person's access to and/or use of the Findiss Sites, and/or the provision of content, products, services, and/or technology on or through the Findiss Sites, if unresolved through informal discussions within thirty (30) days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in the State of New York, and Findiss and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Findiss Sites shall not be subject to arbitration.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Findiss shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $1,000, unless the arbitrator finds your claims, defenses or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorney's fees and expert witness costs unless Findiss is otherwise specifically required to pay such fees under applicable law. For claims that total more than $1,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Findiss and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Findiss and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, Findiss and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim, defense or other fee- or cost-generating activity was asserted or conducted for an improper purpose or was frivolous. Findiss and you understand that, absent this mandatory arbitration provision, Findiss and you would have the right to sue in court and have a jury trial. Findiss and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
If you or Findiss platform's claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a claim, dispute or controversy between Findiss and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), Findiss and you agree to waive, to the fullest extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Findiss, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), the Findiss Sites, any person's access to and/or use of the Findiss Sites, and/or the provision of content, products, services, and/or technology on or through the Findiss Sites.
Findiss and you agree that Findiss and you will resolve any disputes, claims or controversies on an individual basis, and that any claims arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Findiss Sites, any person's access to and/or use of the Findiss Sites, and/or the provision of content, products, services, and/or technology on or through the Findiss Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Findiss and you further agree that Findiss and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Findiss Sites, any person's access to and/or use of the Findiss Sites, and/or the provision of content, products, services, and/or technology on or through the Findiss Sites.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Findiss, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), and/or the Findiss Sites, and/or any person's access to and/or use of the Findiss Sites, and/or the provision of content, services, and/or technology on or through the Findiss Sites.
You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without Findiss platform's prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Findiss may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, Findiss may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a Findiss company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.
Headings are for reference purposes only and do not limit the scope or extent of any section.
Findiss platform's failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of Findiss platform's right to enforce such provision or any other provision of these Terms of Use.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in effective.
These Terms and the other material referenced in them are the entire agreement between you and Findiss with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Findiss with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Findiss to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Findiss platform’s prior written consent. Findiss has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Findiss will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you, please write us at contact@findiss.com or Findiss.com of Disignir Inc.,
Attention: Privacy, 136-80 41st Ave Fl 2 Flushing, NY 11355.
Effective since August 25, 2015
Any more questions? Email us at contact@findiss.com
