If you wish to submit certain kinds of Artist Materials, known as "Artwork" (defined below), to the ArtZolo's Site for inclusion in the Print Program as part of the ArtZolo Service, you need to enter into this Print Program Agreement ("Agreement"). Any individual or entity that elects to use the Print Program must accept without change the terms of this Agreement and the ArtZolo Terms of Service and Submission Policy which are incorporated into and form a part of the Agreement. BY CLICKING THE "SUBMIT PRINT" BUTTON, YOU AGREE THAT YOU ARE BOUND BY ALL TERMS OF THIS AGREEMENT.
The Print Program is a Service of ArtZolo that allows you to sell certain types of Artist Materials through the ArtZolo Shop. At this time, only Artist Materials in the form of Digital Art, Traditional Art, Wallpapers, Photography or Literature are considered "Artwork" and are eligible for inclusion in the Print Program. You may only submit Artwork for inclusion in the Print Program if you are the sole author of the Artwork and you hold all intellectual property rights in the Artwork. In addition to sales in the form of traditional prints and postcards, your Artwork may also be sold in the form of printed magnets, coffee mugs, calendars and other products at your election. Only registered members of ArtZolo that have accepted the Submission Policy may participate in the Print Program. At this moment there are two forms of the Print program, the Standard Service Print Program and the Premium Membership Print Account both of which are further defined in the rest of this Agreement.
If you elect to participate in the Standard Print Program there is no fee. However, this free version of the Print Program offers a limited number of options, with potentially reduced profit potential to you.
a. Standard Print Program. At the time you submit Artwork for inclusion in the Standard Print Program, ArtZolo will display the retail sales price for your Artwork and the portion of that amount that would be paid to you for each sale, known as the "Artist Share."
b. Limited Edition Print Program. The Default Retail Price reflects the price that will be paid by the purchaser of your Artwork to ArtZolo for the print. You will have an opportunity when posting your Artwork with a Limited Edition Print to select the royalty rate for each configuration of a print. ArtZolo reserves the right to change the Base Prices and the Default Retail Prices at any time in its sole discretion and without prior notice. ArtZolo will notify you of changes to the Base Prices and the Default Retail Prices by an on-site "Hot Topic" news posting accompanied by changes in the posted prices. Except for pending orders for your Artwork, participants in the Print Program with a Limited Edition Print may always revise the royalty rate for each Artwork subject to the limitations of this Agreement.
4. Artist Share and Purchasing Your Own Works
a) Standard Print Program. ArtZolo will pay you the Artist Share designated by ArtZolo, as described in Section 3, for the final sale of Artwork through the Standard Print Program. It is your responsibility to review the sales price and the Artist Share before finalizing your submission of Artwork for the purposes of the Standard Print Program. By submitting your Artwork for inclusion in the Standard Print Program, you agree to accept the Artist Share designated by ArtZolo for each sale of your Artwork as your only compensation for each such sale.
b) Limited Edition Print Program. For the final sale of Artwork by holders of a Limited Edition Print Artwork, ArtZolo will pay you an Artist Share equal to the royalty rate you have set for the Artwork at the time of submission with a default royalty rate of 20% of the default retail price. However the royalty calculation for the Artist Share shall not include any amounts received by ArtZolo from the purchaser for taxes, duties, shipping, insurance or handling. It is your responsibility to review the retail sales price, the Base Prices and the resulting Artist Share before finalizing your submission of Artwork for the purposes of the Premium Membership Print Account. By submitting your Artwork for inclusion in the Limited Edition Print Program, you agree to accept the Artist Share for each sale of your Artwork as your only compensation for each such sale. If and when you remain in the Print Program but do not continue as a Limited Edition Membership Print Program you acknowledge that your Artwork will be sold on the basis of the Standard Print Program. You are always free to remove any Artwork from the Print Program subject to the fulfillment of any existing orders for the Artwork you intend to remove.
c) Purchasing Your Own Work As a participant in the Standard Print Program you may purchase your own work at the Retail Price and your Artist Share will be credited to your account in the usual fashion. As a user, you will be able to purchase your own works at the Base Prices or at such other preferred prices to the Standard Print Program as ArtZolo may from time to time offer without paying the Retail Prices and without ArtZolo collecting and then returning the Artist Share.
ArtZolo will account to you your Artist Share in Indian Rupees currency as shown in the invoice. Your earnings may be shown as awaiting clearance for a third party payment confirmation. You will be able to convert your earnings into ArtZolo Points instantly once the transaction for those earnings has cleared. Additional information may be requested from you to process payments by PayPal or by check.
Before Artwork may be purchased through the ArtZolo Shop, all Artwork must be approved for sale by ArtZolo. Factors affecting approval include, but may not be limited to, image aspect ratio, quality, resolution, bleed edge, and whether the Artwork complies with ArtZolo's policies regarding the submission of Artist Materials, generally, as set forth in the Submission Policy and the requirements for submission of Artwork as set forth in this Agreement. Although ArtZolo has the right to include your Artwork in the Print Program, ArtZolo does not have the obligation to do so. While ArtZolo is not responsible for the content of your Artwork, ArtZolo may, in its sole discretion and for any reason, refuse the Artwork, refuse to fulfill orders for such Artwork, or remove Artwork from the Print Program at any time. For general information on submitting Artwork for inclusion in the Print Program.
Print Program. ArtZolo will not review Artwork submitted for inclusion in the Standard Print Program until there is an attempt to purchase the Artwork through the ArtZolo Shop. ArtZolo will use commercially reasonable efforts to approve or reject such Artwork within one business day after such an attempt, provided that the attempt to purchase such Artwork occurs during ArtZolo's normal business hours. If the Artwork is rejected, you and the purchaser will be notified and the transaction will not be completed.
7. Changes to the Print Program
ArtZolo has complete discretion to modify any aspect of the Print Program, including but not limited to terms, pricing, availability and the way in which the Print Program is displayed or offered. ArtZolo may also discontinue the Print Program in whole or in part at any time for any reason. ArtZolo will notify you of any material changes to this Agreement (and the effective date of such changes) by an on-site "Hot Topic" news posting. ArtZolo will also post the revised Agreement on the ArtZolo Site(s). If you continue to maintain or upload Artwork on the ArtZolo Site(s) after the effective date of the changes to the Agreement, you will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artwork to the Print Program. If you do not accept the new terms of the Agreement, your sole and exclusive remedy shall be to terminate this Agreement by removing all of your Artwork from the Print Program.
8. Withdrawing Artwork from the Print Program
You can remove your Artwork from the Print Program at any time and for any reason, subject to the fulfillment of any existing orders for the Artwork you intend to remove. To remove your work from the Print Program you must delete the Artwork by using the administrative tools on your user page under the heading of "Manage Prints". Please note that this will only remove the Artwork from the Print Program and Artwork that has been submitted to the ArtZolo Site as Artist Materials will continue to appear on the ArtZolo Site until you remove such Artist Materials from the ArtZolo Site.
9. Licenses to ArtZolo
For the purposes of offering your Artwork for sale and fulfilling orders for your Artwork through the Print Program and for the period during which your Artwork is placed in the Print Program, you grant to ArtZolo a worldwide, nonexclusive, royalty-free, right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Artwork, in whole or in part with or without the Artwork of others, in any manner and media including, and not as a limitation, uses of the Artwork to promote the Print Program and ArtZolo; (b) modify, adapt, translate, create, re-format, store and create derivative works from the Artwork, in whole or in part, in any manner and media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee. You hereby grant to ArtZolo and its sub-licensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Artwork and the right to use the name that you submit in connection with the Artwork.
10. Participation in Optional Programs
ArtZolo may, from time to time may, identify certain Artwork for distribution through galleries, limited edition series, large format replication and by digital displays. You will receive a separate notice if your Artwork is identified as a candidate for these optional programs and ArtZolo will notify you of the opportunity to participate in such programs subject to the terms of a separate agreement to cover such uses which you will be free to accept or reject at your absolute discretion.
11. You represent and warrant to ArtZolo that:
a) you are the sole author of your Artwork and you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Section 9 above, including but not limited to all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Artwork by ArtZolo as permitted hereunder;
b) the Artwork is completely original to you and the Artwork submitted to ArtZolo by you, and ArtZolo's exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
c) no one else is entitled to receive the monies to be paid to you under this agreement;
d) the Artwork (i) does not and will not violate any law, statute, ordinance or regulation; (ii) is not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws; (iii) does not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of ArtZolo or any third party and;
e) you are over the age of eighteen and is legally competent and capable to enter into the agreemen.
f) you agree to indemnify, defend, and hold ArtZolo and its sublicensees harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' and expert fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph. You will report as self-employment income all compensation received by you pursuant to this Agreement. You will indemnify, defend and hold ArtZolo harmless from all claims, liabilities, damages, losses and expenses (including, without limitation, reasonable attorneys" and expert fees and expenses) relating to any obligation imposed by law on ArtZolo to pay any withholding taxes, social security, unemployment or disability insurance, or similar items in connection with compensation received by you pursuant to this Agreement.
12. No Liability for Third Party Use
ARTZOLO DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTWORK MADE AVAILABLE ON THE ARTZOLO WEBSITE BY YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTWORK BY A THIRD-PARTY, AND NOT FROM ARTZOLO. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR ARTWORK FROM ARTZOLO (WHETHER OR NOT WITH ARTZOLO'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS OR RECOVERY OF DAMAGES FROM THE OTHER PERSON AND NOT FROM ARTZOLO, AND THAT YOU WILL NOT HOLD ARTZOLO RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13. No Warranty; Limitation of Liability
ARTZOLO PROVIDES THE PRINT PROGRAM ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. ARTZOLO AND ITS THIRD PARTY VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRINT PROGRAM, EVEN IF ARTZOLO HAS BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE ARTIST SHARE PAYABLE TO IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, IN NO EVENT WILL ARTZOLO"S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ARTZOLO UNDER THIS AGREEMENT.
This Agreement, together with the Terms and Conditions and the Submission Policy is the entire understanding and agreement between you and ArtZolo as to the subject matter of this Agreement and supersedes all prior proposals, discussions or agreements (oral and written) with respect to this subject matter. The terms of this Agreement are in addition to and supplement the provisions contained in the Terms of Service and the Submission Policy. In the event of a conflict among the provisions contained in the Terms of Service, the Submission Policy and this Agreement, the provisions of this Agreement will control with respect to the Print Program. ArtZolo's failure to enforce any right or provision in this Agreement will not be a waiver of that right or provision. If any court of competent jurisdiction should find that one or more provisions contained in this Agreement is invalid, you agree that the remainder of the Agreement will still be enforceable. ArtZolo has the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of ArtZolo.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.