ArtSHINE understands that getting your head around licenses can be a confusing process. Below, we have listed clear information to help make things as simple as possible.
ArtSHINE will license your designs in two main types of license: Non-Exclusive Standard License with optional Extended options and Exclusive Licenses to suit your licensees specific needs. The Standard Licensed designs can be downloaded multiple times and will be used by various licensees (so a chance for one design to generate many sales). Your design may be chosen as a Premium Art(Exclusive are removed from the site giving the buyer exclusive rights to use the design.). Premium Art are licensed at a higher rate (Royalty %) this is where we negotiate with the licensee base on the average royalty % of each category.. The images can be exclusive (use by one licensee only) or exclusive by categories/ industries this way your image can be free to license to more categories. We will do the discussion with the licensee for your behalf.
In order to showcase your art on ArtSHINE Licensing, you must agree to the following agreement to protect all parties involved. On signing the agreement, uploading artworks or using the ArtSHINE Licensing website you will be agreeing your acceptance of the Artist License Agreement, and you wholly agree to the following terms and conditions.
Here is what info you need to be aware of when uploading artworks onto ArtSHINE Licensing:-
Be original
All designs uploaded must be exclusive to ArtSHINE Licensing
No stock art use – use your own original work when creating artwork
Do not upload any designs that have been licensed prior to ArtSHINE
Once a design is uploaded do not re – license
No use of copyrighted imagery
No illegal, pornographic or prohibited items
Premium design should not be re -licensed or shared (Pinterest, Facebook, etc)
Please read below for our full terms and conditions.
ART & DESIGN CONTRIBUTOR AGREEMENT
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND QUANTUM COMPASS TRADES AS ArtSHINE LICENSING AND REGISTERED IN AUSTRALIA WITH AUSTRALIAN BUSINESS NUMBER (ABN) 85 601 278 148 WHOSE REGISTERED OFFICE IS AT 138 BOWMAN STREET PYRMONT NSW 2009, AUSTRALIA.
BY CLICKING ‘I ACCEPT’ BELOW, YOU WILL HAVE SIGNALLED YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. ARTSHINE WILL BE DEEMED TO HAVE ENTERED INTO THIS AGREEMENT ONCE YOU HAVE CLICKED ‘I ACCEPT’.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT UPLOAD A DESIGN TO WWW.ARTSHINELICENSING.COM.
1. DEFINITIONS
“Accepted Art” means either the Accepted Standard Artwork or Accepted Premium Artwork (as applicable).
“Accepted Premium Art” means the Artwork uploaded by you to the Website and accepted by ArtSHINE for inclusion in the Premium Section.
“Accepted Standard Art” means the artwork uploaded by you to the Website and accepted by ArtSHINE for inclusion in the Standard Gallery.
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in Australia are open for business.
“Art/ Artwork” means an art image, print, pattern or apparel graphic and shall include all metadata, keywords, descriptions and captions associated with the Artwork.
“Intellectual Property Rights” means all copyright, patents, database rights, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
“Licensed Rights” has the meaning given to it in clause 3.1.
“Licensee” means any person who is granted a licence to use an Accepted Artwork via the Website in accordance with the terms of the ArtSHINE Licensing Agreement.
“ArtSHINE Licensing Agreement” means the agreement under which ArtSHINE licenses an Accepted Artwork to a Licensee.
“Premium Gallery” the section of the Website containing Designs, each of which may only be sold on an exclusive, one-off basis to only one Licensee.“Price” means the licence fee in relation to the Accepted Design as set by us in accordance with clause [6.1] which shall form the basis for the fee that is charged to Licensees in accordance with the Patternbank Licensing Agreement.
“Standard Gallery” the section of the Website containing Artworks, each of which may be sold to multiple Licensees.
“Website” means ArtSHINElicnesing.com..
2. SUBMISSION, ACCEPTANCE AND PROPERTY OF ARTWORKS
2.1. Upon submission of a artwork to the Website, ArtSHINE shall, at its sole discretion, decide whether such Artwork shall be either an Accepted Standard Art or an Accepted Premium Art and shall, upon making such decision, e-mail you to confirm the same.
2.2. ArtSHINE may accept or reject any Design submitted to it in its sole and absolute discretion. ArtSHINE also reserves the right to:
2.2.1.remove an Accepted Art from the Website;
2.2.2.upgrade an Accepted Standard Art to an Accepted Premium Art; and
2.2.3.downgrade an Accepted Premium Art to an Accepted Standard Art at any time at its sole discretion and, upon doing so, shall confirm the same to you via e-mail.
2.3. Subject to the terms of this agreement, all Intellectual Property Rights in an Accepted Art shall at all times be and remain your property.
2.4. You hereby waive in favour of ArtSHINE and all its assignees and successors in title all moral rights in the Accepted Art (i.e. the right to be identified as its author and object to its derogatory treatment) to which you may be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
3. GRANT OF LICENCE
3.1. In consideration of payment to you of the Price, you hereby grant to ArtSHINE either a non-exclusive licence to use the Accepted Standard Art or an exclusive licence to use the Accepted Premium Art (as applicable) for the full period of copyright in it including all periods of renewal, extension and revival of the copyright and thereafter in perpetuity and all necessary consents under the Copyright, Designs and Patents Act 1988 as amended from time to time or any enactment that replaces it to enable us to publish, exhibit, use and otherwise exploit an Accepted Design whether alone or incorporated in or in conjunction with other works worldwide and in all formats and media now known or hereinafter devised and, in particular, to sub-license the Accepted Design to a Licensee in accordance with the terms of the ArtSHINE Licensing Agreement and to promote the Website (the “Licensed Rights”).
3.2. You grant to ArtSHINE complete and sole discretion regarding the terms and conditions of licensing the Accepted Art to a Licensee and any other third party and acknowledge that ArtSHINE does not guarantee that the Accepted Art will be licensed accordingly. Notwithstanding the foregoing, ArtSHINE acknowledges it
3.3. ArtSHINE shall not be liable to you for any costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) arising
3.3.1. a Licensee, or any other third party, breaching and/or exceeding the rights
3.3.2. any unauthorised access to the Website which results in a breach of your Intellectual Property Rights in the Accepted Design.
4. YOUR UNDERTAKINGS
4.1. You hereby warrant and undertake that:
4.1.1. you are the sole owner of the Intellectual Property Rights in the Accepted Art and have full authority to enter into this agreement;
4.1.2. you have not licensed any Intellectual Property Rights in the Accepted Art to any third party prior to submitting it to the Website;
4.1.3. all captions, metadata, descriptions, headlines and tags in relation to the Accepted Art are accurate and truthful;
4.1.4. the Accepted Art does not incorporate any material that infringes the Intellectual Property Rights of any third party;
4.1.5. the Accepted Art does not contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court, in breach of any provision of any statute or give rise to any other criminal or civil liability;
4.1.6. you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Accepted Art or any pre.existing material incorporating the Accepted Art or included within the Accepted Art, or the exploitation of the Accepted Art by either party, has infringed or will infringe any Intellectual Property Rights or any other rights of any third party and you agree that you shall immediately inform ArtSHINE if you become aware of any such claim; and
4.1.7. you have used all reasonable endeavours to secure all third-party permissions and releases necessary to grant the Licensed Rights to ArtSHINE and have made or will make in a timely manner all payments due to any such third parties necessary to enable ArtSHINE to exercise the rights granted to it under this agreement. You hereby acknowledge that ArtSHINE shall not be liable for any such payments.
4.2. You hereby indemnify and hold harmless ArtSHINE and shall at all times keep ArtSHINE indemnified against all actions, proceedings, costs, claims and damages whatsoever incurred by or awarded against ArtSHINE and compensation agreed by ArtSHINE in consequence of any breach or non.performance by you of any of the warranties and undertakings in this agreement.
5. PROTECTION OF INTELLECTUAL PROPERTY
5.1. ArtSHINe shall immediately notify you in writing giving full particulars if any of the following matters come to its attention:
5.1.1. any actual, suspected or threatened infringement of the Intellectual Property Rights in the Accepted Art;
5.1.2. any claim made or threatened that the Accepted Art infringes the rights of any third party; or
5.1.3. any other form of attack, charge or claim to which the Intellectual Property Rights in the Accepted Art may be subject.
5.2. In respect of any of the matters listed in clause 5.1, it is acknowledged that, subject to clause 4.2:
5.2.1. you shall, at your absolute discretion, decide what action to take, if any;
5.2.2. you shall have exclusive control over, and conduct of, all claims and proceedings;
5.2.3. ArtSHINE shall not make any admissions other than to you and ArtSHINE shall, at your cost, provide you with all assistance that you may reasonably require in the conduct of any claims or proceedings; and
5.2.4. you shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for your own account.
6. PRICING AND PAYMENT
6.1. Once a Art has been confirmed, in accordance with clauses 2.1 and 2.2, as either an Accepted Standard Gallery or an Accepted Premium Art, we shall set a Price for the Accepted Art and we shall be entitled to amend the Price at our sole and absolute discretion at any time, but only with prospective effect.
6.2. In full and final consideration of the upload of the Accepted Art and the grant of the rights hereunder, ArtSHINE agrees to pay you the Price in respect of each Accepted Art it licenses to a Licensee in accordance with the terms of the ArtSHINE Licensing Agreement.
6.3. When a Licensee buys a licence of an Accepted Art in accordance with the terms of the ArtSHINE Licensing Agreement, ArtSHINE shall notify you via an automated email which shall stipulate the Price (at the time the Accepted Art was licensed) to be credited to your registered account on the Website and, once credited, you may transfer such funds to your Paypal account in accordance with the instructions set out on the Website. You acknowledge that ArtSHINE shall not be in breach of this clause if your email spam filter (or any similar technology) prevents any ArtSHINE notification email from arriving in your inbox.
6.4. You shall be responsible for the filing of all tax returns and the payment of all income tax and charges of a similar nature raised or charged in respect of all monies due to you pursuant to this agreement.
6.5. You expressly agree and acknowledge that any payment due under clause 6.2 is in full and final compensation for all rights granted hereunder and (without prejudice to the generality of the foregoing) you expressly acknowledge that you shall not be entitled to any further fees or compensation from ArtSHINE in respect of the exploitation of the Accepted Art.
7. TERM AND TERMINATION
7.1. This agreement shall continue until terminated by either party in accordance with this clause 7.
7.2. This agreement may be terminated immediately by either party for failure of the other party to comply with any material term of the agreement, if after thirty 30 days of receipt of notice of such failure, the default is not cured.
7.3. You shall have the right to terminate this agreement immediately by either removing the Accepted Art from the Website or closing down your registered account on the Website.
7.4. Upon termination of this agreement for any reason and subject to any express provisions set out elsewhere in this agreement:
7.4.1. all rights and licences granted pursuant to this agreement shall cease, save that:
7.4.1.1. ArtSHINE’s right to use the Accepted Art to promote the Website under clause 3.1 shall continue following the date of termination, albeit solely for use within existing promotional material at the date of termination; and
7.4.1.2. such termination will not affect the terms of any ArtSHINE Licensing Agreement and any such licence will continue in full force and effect according to its terms.
7.4.2. unless already removed, the Accepted Art may be removed from the Website within [28] Business Days of the date of termination.
8. MISCELLANEOUS
8.1. ArtSHINE shall be entitled to assign or license all the rights granted to it under this agreement to any third party without notice to you. You shall not be entitled to assign or sub-license your rights under this agreement.
8.2. All notices to be served in accordance with this agreement may be served by email. The email address of ArtSHINE shall be as displayed on the Website from time to time and your email address shall be as set out in your registered account details on the Website, as may be amended from time to time. For the avoidance of doubt, your email address shall not be disclosed to any other party by ArtSHINE, save for its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out ArtSINE’s obligations under this agreement and as may be required by law, a court of competent jurisdiction, any governmental or regulatory authority or if we sell ArtSHINE or any of its assets.
8.3. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement
8.4. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.5. This agreement shall be governed by and read in and construed in accordance with the Laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Courts of Australia for the settlement of any disputes hereunder.