TERMS OF SERVICE

Overview Happywall ("we," "us," or "our") offers a platform connecting artists with customers, enabling the publication and sale of artwork as wallpaper. Artists can earn revenue by making their artwork available to customers through our platform.

To use our services, you must agree to these Terms. By creating an account, uploading artwork, purchasing products, or engaging with our services, you accept all terms and conditions outlined here. "You" refers to the individual user, or if accepting on behalf of a company or legal entity, that entity. You confirm that you are at least 18 years old and have the authority to bind the entity if applicable. If you do not meet these criteria or disagree with these Terms, you may not use the services.

ARTWORK, CONTENT AND THIRD PARTY RIGHTS

Artwork and Content License

You retain ownership of your artwork and content. By using our platform, you grant us a royalty-free, nonexclusive license to use, display, publish, reproduce, modify, and distribute your artwork and content in any format or medium, now known or later developed, for the purpose of promoting your artwork, producing products, and providing our services.

You are fully responsible for your artwork and content made available on the platform and for ensuring all required intellectual property and other rights in your artwork, and other content, are secured.

You warrant that:

• you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for your artwork and content, including rights to manufacture, distribute, and sell products featuring your artwork.
• Your artwork and its use on products do not infringe on any intellectual property or other rights of third parties.
• Your artwork does not contain false, misleading, defamatory, obscene, or otherwise objectionable material.
• Your artwork is accurate and not deceptive, and does not promote fraudulent or counterfeit goods.

We reserve the right to review and assess artwork.

We are not responsible for the content of websites linked to or from our services.

Copyright and Trademark Policy

You agree to comply with our Copyright and Trademark Policy, which includes procedures for reporting intellectual property infringements.

You are responsible for ensuring that your artwork complies with legal obligations and does not infringe on the rights of others.

In cases of infringement, we reserve the right to remove offending content or terminate accounts. If you violate our Copyright and Trademark Policy, you may forfeit any unpaid Artist Share.

SELLING PRODUCTS

Artist Share

You will receive an "Artist Share" for each product sold featuring your artwork. Payments will be made in Euros upon request. Once an order ships, it will appear as a pending transaction, which will be available for payout after a 30-day clearance period. You are responsible for any applicable taxes on your earnings. If your account is suspended or terminated due to a violation of these Terms, you will forfeit any unpaid Artist Share. We also reserve the right to reclaim any payments made while you were in breach of these Terms. Artist share will expire after 36 MONTHS if no payout request is sent

ACCOUNTS

Registration and Account Information

To sell your artwork through our platform, you must create an account with accurate and up-to-date information. You are responsible for all activity on your account, including maintaining password security. Notify us immediately if your account is compromised. We may require you to change your password if necessary.

You may not use offensive or impersonating usernames, and you may not use another person’s account. We reserve the right to deny or terminate accounts at our discretion, without affecting our obligation to pay you any owed amounts.

Disclosure of Account Information

You agree that we may access, retain, and disclose your account information, artwork, and content if legally required or if we believe it is necessary to enforce these Terms, respond to requests, or protect our rights and safety.

Termination of Account

1. We may suspend or terminate your account if you violate these Terms. We may also terminate or suspend your access without notice or cause. Upon termination, your rights and licenses under these Terms will cease. We are not liable for any losses resulting from account termination. We will remove your artwork from our services on termination, but we may retain copies for legal purposes. If terminated without a breach, any outstanding Artist Share will be paid.
2. If you believe your account was unfairly suspended or terminated, contact us for further investigation. For unresolved issues, see the section on dispute resolution.

GRANT OF RIGHTS AND USER CONDUCT

Grant of Rights

As long as you comply with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable license to use the service for its intended purposes.

User Conduct

While using our platform, you agree not to:

• Transfer your account without our consent.
• Create deceptive accounts.
• Post offensive, obscene, or illegal content.
• Infringe on the intellectual property rights of others.
• Collect information about other users without their consent.
• Engage in unsolicited advertising or spam.
• Use automated means to access our service without permission.
• Distribute harmful software or interfere with the platform’s functionality.
• Bypass security measures or manipulate payment processes.

Governing Law and Jurisdiction

These Terms are governed by Swedish law. Any disputes will be resolved in Swedish courts.

Force Majeure

We are not liable for delays or non-performance due to events beyond our control, such as natural disasters, wars, or other causes beyond our reasonable control.

Miscellaneous

These Terms do not create any partnership, agency, or employment relationship. If any part of these Terms is found invalid, the remaining provisions will still apply. You may not transfer your rights under these Terms; any unauthorized transfer is void. We may assign our rights under these Terms with notice to you. Headings are for reference only and do not affect the interpretation of these Terms. Our failure to enforce any provision does not waive our right to do so later.

These Terms represent the complete agreement between you and us regarding the use of our services.

HOW TO CONTACT US

If you have any questions or comments about these Terms or the Services, please contact us by email at artist@happywall.com