January 19th, 2014
This is an agreement between you the individual artist or authorized representative of said artist or group and the website/company known as teeVillain.
By submitting artwork/design, you are asserting that you comprehend and agree to the following terms and conditions teeVillain has set forth as a binding contract between you and teeVillain.
The terms of this agreement begin on the date the artwork/design is initially submitted to the teeVillain Site(s) and carries on until either party terminates the contract in writing.
1. GRANT OF LICENSE
THE ARTIST SHALL RETAIN ALL OWNERSHIP RIGHTS TO THEIR ARTWORK/DESIGN SUBMISSION.
As and when the “Artist Submission” is uploaded to the teeVillain Site(s), Artist grants to teeVillain a non-exclusive license to do the following things during the Term:
a) to produce, sell and distribute worldwide the Artist Submission for the limited time specified hereafter;
b) to display, reproduce, exhibit, broadcast, transmit, distribute and publish by any and all means and media, electronic or otherwise. Such use will be royalty-free except for the compensation described in Paragraph Two (2) of this agreement;
c) to adjust, adapt, alter or otherwise modify the Artist’s Submission (e.g., change the color or size);
d) During the Term, teeVillain’s licenses under this Agreement include the right to use any part of the Artist Submission in the promotion, advertising or marketing of the teeVillain Site(s);
e) As used in this Agreement, the term “Artist Submission” means any content sent to teeVillain Site(s) which may include Artist’s name(s) (including professional names), photographs, biographical materials, designs, illustration and artwork.
2.COMPENSATION AND SALE PERIOD
In the event that your design is chosen and featured on the teeVillain Site(s), your design will be for sale on t-shirts for at least 24 hours (and up to 168 hours*”).
TeeVillain will pay artist a royalty of $1 per shirt sold on the teeVillain website(s) for the duration of the sale.
This sales period includes any shirts bearing the artist’s design sold within 168 hours (7 days).
Artist agrees to be paid the royalty by teeVillain via PayPal for any and all t-shirts that use the design provided by Artist hereafter.
Artist may also sign up for our affiliate program and earn an additional 5% profit off all sales made using the custom link created through the affiliate program.To sign up for our affiliate program go here: http://www.shareasale.com/shareasale.cfm?merchantID=51598
In addition the artist will receive two (2) free shirts for their own personal use and one (1) additional shirt to be given away VIA a Free T-Shirt Giveaway Contest that they will host through the Social Media account of their choosing (i.e. their Facebook, Twitter, Tumblr, blog—whatever). The shipping of all these shirts will be covered by teeVillain.
TeeVillain reserves the right to discontinue any design, without the artist’s prior consent or knowledge, if teeVillain is notified that the design infringes on a third party’s intellectual property.
UNLESS OTHERWISE AGREED BETWEEN ARTIST AND TEEVILLAIN IN WRITING FROM TEEVILLAIN, THE LICENSE GRANTED TO TEEVILLAIN UNDER THIS AGREEMENT ENDS AFTER NO MORE THAN A 168 HOUR PERIOD (7 DAYS).
* The shopping cart dumps every 72 hours. This does not affect the artist commission.
3. REPRESENTATIONS AND WARRANTIES
By submitting an “Artist Submission” that Artist represents and warrants that:
a) the design is their original product, in the public domain, or they otherwise own or control the rights necessary to enter into this Agreement;
b) has obtained all necessary third-party consents, rights, licenses and permissions, if any, (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Submission) and grants teeVillain the rights to use all elements contained within the Artist Submission in every way set out in this Agreement;
c) there is no legal impediment of any kind known to the Artist which conflicts with this Agreement or might limit, restrict or impair the rights assigned and granted to teeVillain;
d) the submission does not violate any law, statute, ordinance or regulation, or infringe upon any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party;
e) if Artist or any member of Artist’s group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor Artist and guarantee such person’s performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
Artist agrees to indemnify and reimburse teeVillain against any and all claims related to your Artist Submission. Artist agrees to defend, indemnify and hold harmless teeVillain, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of teeVillain, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney’s fees, costs and expenses and court costs) arising out of or related to:
a) Artist’s use of the teeVillain Site(s);
b) any breach or alleged breach of Artist’s representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement;
c) Artist’s violation or alleged or threatened violation of any law, statute, ordinance or regulation, or infringements upon any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party arising from the Artist Submission and/or use of its elements.
5. TEEVILLAIN’S PERFORMANCE
the Artist acknowledges and agrees that the operation of teeVillain may on occasion encounter technical or other problems and may not necessarily continue uninterrupted and teeVillain will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of service. The Artist and only the Artist is responsible for maintaining at Artist’s own expense any and all original Artwork or so-called back-up copies of all or any part of said Artwork.
6. SUBMISSION SELECTION PROCEDURES
Submissions to teeVillain are reviewed every week. If teeVillain does not select artwork during the week in which it was submitted, the artwork may still be considered for future weeks selections. Once teeVillain has determined artwork will not be selected teeVillain will notify the artist via the email provide during submission.
If teeVillain decides to feature your artwork, you will be notified via the e-mail you provided during submission. By choosing your design, teeVillain makes no guarantee of any volume of sales nor does it constitute a promise that your artwork will, in fact, be featured as teeVillain reserves the right to reverse their decision for any or no reason at all. teeVillain also reserves the right to modify features of your artwork, such as the color or sizing, deemed necessary for production.
7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
teeVillain has legally mandated procedures in place regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site.
teeVillain’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have in good faith believe that your rights or the rights of a third party have been violated and you would like teeVillain to to delete, edit, or disable the material in question, you must provide all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed;
(d) information demonstrating a valid copyright of allegedly infringed work such as a copyright registration certificate or equal proof of first use;
(e) information reasonably sufficient to permit teeVillain to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(f) a statement that you have a good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective send it to teeVillain’s designated agent at:
teeVillain ~ Copyright Agent
5733 Heebe St, Suite A
New Orleans, LA 70123
8. NO LIABILITY FOR THIRD PARTY USE
TEEVILLAIN DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST’S SUBMISSION MADE AVAILABLE ON THE TEEVILLAIN WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST’S SUBMISSION BY A THIRD-PARTY, AND NOT FROM TEEVILLAIN. INCLUDING BUT NOT LIMITED TO, ANOTHER PERSON OBTAINING ARTIST’S SUBMISSION FROM TEEVILLAIN (WHETHER OR NOT WITH TEEVILLAIN ‘S PERMISSION), AND USES SAID SUBMISSION IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT AND THE ARTIST WILL NOT HOLD TEEVILLAIN RESPONSIBLE OR LIABLE FOR ANY SUCH UNAUTHORIZED USE.
9. COPYRIGHT AND TRADEMARK NOTICE
teeVillain and all of its related characters, names, logos, and indicia including the layout and design of the teeVillain Site(s), are trademarks of teeVillain. Other trademarks and service marks on the teeVillain Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the teeVillain Marks without teeVillain’s previously written consent, and Artist may not use any third-party marks without the third party’s previously written consent.
BEFORE CLICKING “I AGREE”, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING “I AGREE”, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT WITH RESPECT TO THE WORK YOU ARE CURRENTLY SUBMITTING AS WELL AS WITH RESPECT TO WORK YOU HAVE SUBMITTED IN THE PAST AND MAY SUBMIT IN THE FUTURE.