ARTWORK SUBMISSION TERMS AND CONDITIONS
Before you can submit artwork to MATCHSTICK-8 you (hereinafter referred to as the “Artist”) must agree to these terms and conditions (the “Agreement”) which sets forth the terms and conditions under which the Artist will provide certain artistic works to MATCHSTICK-8. By submitting artwork using the online art submissions portal, the Artist unconditionally consents to be bound by the terms and conditions of the Agreement and is becoming a party to this Agreement between the MATCHSTICK-8 online art gallery with principal offices at 127b Andalucia, Pereira, Colombia as from the date the Artist submits their artwork. It is important that the Artist carefully reviews this Agreement prior to submitting artwork. If the Artist does not unconditionally agree to the terms of this Agreement, then do not submit artwork via this portal. By clicking on the “UPLOAD” button and submitting artwork via the Art Submissions Portal (“ASP”), the Artist agrees that he/she is authorized to grant permission to MATCHSTICK-8 to publish the Artist’s Works for online marketing and exhibition use with athe artists credit.
Scope of Work
- Each ASP shall reference this Agreement, and include, at a minimum, the following: (a) name of work, (b) artist credit to be listed, (c) email address, (d) description (e) artist’s full name, (f) email address (h) phone number (i) city, state, country, zip, and (j) image file.
- The Artist understands and agrees that by submitting Works to MATCHSTICK-8 via the ASP, MATCHSTICK-8 is not committing or obligating itself to use the Works of the Artist. MATCHSTICK-8 reserves the right to not accept or use any Works submitted to MATCHSTICK-8 for any reason and without explanation. Artist’s submission of Work does not guarantee MATCHSTICK-8’s use of such Work. In addition, MATCHSTICK-8 reserves the right to remove any content from its websites at its sole discretion, without reason or explanation.
- This Agreement shall remain in effect until terminated by either party as provided herein.
Price and Payment
- The Artist understands that MATCHSTICK-8 will not pay a fee or royalty to the Artist for artwork submitted via the ASP.
- The Artist recognizes that during the course of this Agreement it will have occasion to conceive, create, develop, review or receive information which is considered confidential to MATCHSTICK-8. The Artist further agrees that MATCHSTICK-8’s online art gallery and all technical aspects concerning the website and all marketing plans, customer identities, business methods, or business, financial or other information regarding the business of MATCHSTICK-8 I and/or MATCHSTICK-8 ‘s clients (the “Confidential Information”), are trade secret, proprietary information of MATCHSTICK-8.
- The Artist agrees to receive and hold in confidence and not disclose in any manner to any third parties, the Confidential Information or any other information delivered to it by MATCHSTICK-8 identified as confidential. The Artist shall, at all times, protect and safeguard the Confidential Information, and agrees not to encumber, furnish, sell, give, assign, distribute or otherwise make available the Confidential Information to any other person, firm or corporation and shall use best efforts to ensure that no improper or unauthorized use or disclosure of Confidential Information is made by any party.
- Artist agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honor the copyrights of MATCHSTICK-8 and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
- The provisions of this Section shall survive termination or expiration of this Agreement. MATCHSTICK-8 or its client shall have the right to take such action it deems necessary to protect its rights, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
- Each party shall maintain ownership of all of its pre-existing intellectual property rights. For all artwork submitted to MATCHSTICK-8 via the ASP, the Artist provides a perpetual, non-exclusive, worldwide license for MATCHSTICK-8 to use the Artist’s pre-existing intellectual property hereunder.
- The Artist agrees that MATCHSTICK-8 has the right to use or not use artwork and to use, reproduce, re-use, alter, modify, edit or change images of Artwork as it sees fit and for any purpose deemed necessary by MATCHSTICK-8.
- Both during the term of this Agreement and thereafter, the Artist agrees to execute all documents required by MATCHSTICK-8 or MATCHSTICK-8 ‘s agent, to apply for, register, perfect, obtain or enforce any ownership and intellectual property rights pertaining to each artwork.
Warranties of the Artist
- The Artist warrants that all artworks shall be the unique and original work product of the Artist and will not be based on, or derived from, the proprietary information or items of a third party and that none of the artworks will infringe any copyrights, patents, trade secrets, or other proprietary rights of a third party. The Artist agrees that all Artwork will be provided without liens, claims or encumbrances. The Artist shall defend, indemnify and hold MATCHSTICK-8, its officers, agents, directors and employees harmless from and against any and all costs, expenses, losses or damages (including reasonable legal fees) arising out of any claim brought by a third party that any Works or artworks is infringing.
- Either party may terminate this agreement upon ten (10) days written notice.
- Upon completion, termination, or expiration of this Agreement Artist shall return to MATCHSTICK-8 all applicable Confidential Information.
- The Artist agrees that it is an independent artist and that it will perform under this Agreement as an independent artist. Nothing in this Agreement shall be deemed to make Artist an agent, employee or partner of MATCHSTICK-8. Artist shall not be entitled to any of the fringe benefits of MATCHSTICK-8 and shall have no authority to bind, commit, contract for or otherwise obligate MATCHSTICK-8 in any manner whatsoever.
General Terms and Conditions
- This Agreement constitute the sole and exclusive statement of the terms and conditions hereof and supersede any prior discussions, writings, and negotiations with respect thereto.
- Artist shall not assign this Agreement without the prior written consent of MATCHSTICK-8.
- This Agreement shall not be amended except in writing signed by both parties.
- This Agreement shall be interpreted and enforced in accordance with international and local laws.