# Big Cartel merchent agreement question



## HighCaliber (Jul 7, 2009)

I was looking at the Big Cartel website and thought I would check out maybe using their services. I came across this paragraph and I humbly say I dont know what the heck it means. Can someone explain this to me in "english". To me it sounds like they have some rights to my designs. Any ideas? 
Thanks!
*4.4 Content License*

During the period that Indie Labs provides Services to You pursuant to Section 3 of this Agreement, You hereby grant to Indie Labs and its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your content solely for the purposes provided in this Agreement.


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## hiGH (Jan 25, 2007)

Thats intresting. I myself was also thinking of starting an online store with bigcartel.. it sure does sound like they have the right to your designs. I sure hope someone can clear this up


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## lyndsay_kay (Apr 2, 2009)

I would also like to know about this...


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## gp1305 (Oct 17, 2007)

I think they mean any images.. Not actual designs.

For example, if they wanted to do a portfolio.. They could screenshot your page and not have to ask you for permission to do so.

As Jay-Z once said..

"I aint passed the bar but I know a little bit."


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## AeresClothing (Sep 3, 2009)

gp1305 said:


> I think they mean any images.. Not actual designs.
> 
> For example, if they wanted to do a portfolio.. They could screenshot your page and not have to ask you for permission to do so.
> 
> ...


They would have rights to the images and the designs as it states they have the right to reproduce your work.

For a group called "Indie Labs", they sure sound like some corporate hustlers.


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## screenprinter1 (Jan 5, 2008)

HighCaliber said:


> ... "pursuant to Section 3 of this Agreement".... "solely for the purposes provided in this Agreement."


You can't determine what this section is referring to without section 3 of this agreement, and without defining the "purposes provided in this agreement"

That's the fun part about legal documents, is that they are constantly referring to other parts of the document. When I say "fun" I mean that very sarcastically!


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## HighCaliber (Jul 7, 2009)

screenprinter1 said:


> You can't determine what this section is referring to without section 3 of this agreement, and without defining the "purposes provided in this agreement"


I believe section 3 talks about the services they are allowing me to use if I sign up. To me it sounds like if I use their site/server then they get to reproduce my work. I think I will just figure something else out. I appreciate all the comments.

Chris


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## lyndsay_kay (Apr 2, 2009)

I asked Big Cartel and this is what they said:

"The Content License section of our User Agreement allows us to store and display a store's text, product images, and associated content. In addition to those being used for the operation of the store, content may be used for marketing and promotion of specific stores and products in conjunction with our services from time-to-time. We do not sell any content and you maintain complete ownership of your work, as stated in section 4.2: 'You retain all rights, title and interest in and to all intellectual property rights embodied in Your content, exclusive of any content provided by Indie Labs.'"


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## CrossYourHeart (May 6, 2009)

Yeah, they don't own your work. They don't even print tee shirts. They just own the right to everything web related.

Don't worry, Big Cartel is a solid company. I use them and love them.


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## pdpatch (Aug 30, 2009)

The good side of the part is that they can take a screen shot of your site and use it for advertising. WHich would help promote your site. The bad site is the can duplicate you site with all you product images and use it for them selves legally if they wanted to. I doubt they would do that but that is what they could.

Generally the really better place won't have that section, but if they want to use anything from your site for advertising they do a separate agreement with you for that specific use.


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## hostingdiva (Mar 31, 2006)

Keep in mind that the paragraph starts with "During the period that Indie Labs provides Services to You" - so, if you use them and you're not happy, you can always cancel your account.


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