Artist's Terms & Conditions for Art Salon 2018
By entering the contest, each participant warrant and represent that submissions are the participant’s sole and original work.
Additionally, participant consent to the use of name, artwork details in any promotional materials without further permission, compensation, or approval.
The participants release, discharge, indemnify, and agree to hold harmless the Artesque team, and respective shareholders, subsidiaries, affiliates, promotional media partners, prize partners, and employees from and against any claim or cause of action arising out of participation in the Exhibition or receipt or use of any prize.
Winners assign all copyright, trademarks, and other intellectual property rights related to their winning entries. Original artwork submitted with the contest entry form becomes the property of Artesque.
Artesque maintains the sole and final right in all decisions relating to the Exhibition
The following Artist Terms & Conditions (the “Artist Terms”) govern the submission of your artwork, images, graphics, digital assets, digital media, or content (the “Artwork”) to Artesque Enterprise (“Artesque”) through (the “Website”) or any other portal used by Artesque.
Please read these Terms carefully before confirming your artwork for the Exhibition. By way of responding to the Registration Form you agree to be bound by these Terms. If you do not agree to all of these Terms, then you must not submit your artwork or send us a note to decline the participation no later than 10th November 2018.
By submitting your Artwork to Artesque, you agree to grant Artesque, along with its affiliates and partners, a non-exclusive, irrevocable, non-transferable, except as explicitly set out herein, worldwide license to use, promote, display, and distribute your Artwork for commercial and non-commercial purposes and use in all Artesque promotional materials as informed accordingly within the Terms. Artesque shall make its best effort to protect the Artwork in accordance with this agreement.
Artwork submitted by you and the rights relating to them, including copyright and ownership rights in the Artwork, remain the sole and exclusive property of the Artist. No other use of the Artwork is granted without your express written consent.
We will use our best efforts to insure that all Artwork contains some form of copyright management notice to the public, such as a copyright notice “©”, attribution within the promotional material and if there are infringement of use by other websites non-affiliated to Artesque, necessary action will be taken to protect the artwork throughout the Exhibition.
SALE OF THE ARTWORK
Artesque agrees to make your Artwork available on our website and during the Exhibition for purchase. Placement and organizing of the Artwork on any platforms shall be in the sole discretion of Artesque for the best interest of the Exhibition.
Artesque is not responsible for the success or failure of the Artwork to sell on all platforms. We may take action to promote lower performing products, but we make no representation or promise to do so. If your Artwork is not selling at a rate you would like, you may contact us to discuss your options or you may withdraw your Artwork from the Website within an agreed timeframe.
The Artist will respond to all enquiries relating to the artwork submitted to the Exhibition, either from a customer directly or Artesque in a timely, professional and cooperative manner.
The Artist will agree a fixed amount for the Artwork, which will be displayed in all materials related to the Exhibition until the artwork is sold, fully paid and delivered to the customer. The amount will not be changed once the transaction is underway unless expressly agreed between the Artesque on behalf of the artist to the customer.
RETURNS AND DISPUTES
The Artist is under no obligation to accept a return for sold artwork, except in the event that the artwork reaches the customer damaged with necessary image proof and/or customer complaints.
If there is a dispute between the artist and the customer, regarding the final product meeting the agreed criteria, Artesque will offer assistance on a case-by-case basis.
The final resolution for any and all disputes will be taken by Artesque and must be accepted by both parties.
MODIFICATION OF THE WEBSITE
We are constantly looking for ways to improve our services and our Website. Therefore, Artesque reserves the right to modify, amend, alter, or otherwise make changes to the Website from time to time and without notice to you. It is obviously never our intention to disrupt the sale of the Artwork, but we are not responsible if any changes to the Website affect the sale of your Artwork.
Artesque shall receive 20% of the revenue generated from the agreed final sales price of your artwork.
All fees payable to Artist under these Terms shall be paid within 60 days from the date of the Artwork sold and no later than 1st February 2019, in electronic transfer, or other method mutually agreed upon by you and Artesque.
TERMINATION & WITHDRAWAL
You may terminate your relationship with Artesque and withdraw your Artwork before 15th November 2018 by contacting firstname.lastname@example.org. We will withdraw your Artwork within 7 working days of receiving notice of your desire to withdraw your Artwork from the Exhibition and platforms.
In potential circumstantial cases which may be a threat to the Exhibition, Artesque may terminate your relationship with the Exhibition by giving you 7 days notice of the intended termination and then immediately removing your Artwork from the Exhibition and platforms.
Upon termination, Artesque will no longer sell, distribute, or use the Artwork, and will no longer honor orders for the Artwork and the license granted herein will be terminated. You will receive the agreed upon fees only so long as the Artwork is available during the Exhibition. Upon termination of these Terms you shall no longer receive any fees from Artesque.
REPRESENTATIONS AND WARRANTIES
You hereby represent that:
1You are the owner of the Artwork and any other material submitted to Artesque, and that you have all the necessary rights, consents, and authorizations required to license the Artwork according to these Terms.
2The content of your Artwork is not abusive, obscene, pornographic, threatening, harassing, defamatory, unlawful, hateful, or otherwise objectionable in relation to the subject matter covered by the Artwork or the campaign for which it is being submitted.
3The content of the Artwork does not violate the privacy or publicity rights of any third party.
4The content of the Artwork does not violate the intellectual property rights of any third party, including copyrights, trademarks, patents, and trade secrets.
5That you are over the age of 15, or have the approval of a parent or legal guardian to submit the Artwork according to these Terms.
You hereby agree to indemnify, defend and hold harmless Artesque and its affiliates and partners, and each of its and their respective officers, directors, employees, agents, successors and assigns from and against any and all losses incurred in connection with any claims by a third party arising out of or relating to your breach of these Terms.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL SERVICES PROVIDED BY ARTESQUE ARE “AS IS” AND NO WARRANTIES ARE PROVIDE.
IN ADDITION TO THE DISCLAIMER IN THE WEBSITE TERMS OF SERVICE, ARTESQUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SALE OR DISTRIBUTION OF YOUR ARTWORK, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT ARTESQUE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SALE AND PERFORMANCE OF YOUR ARTWORK THROUGH THE WEBSITE.
ARTESQUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR EXHIBITION, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
MODIFICATION OF THESE TERMS
Artesque reserves the right to amend or modify these Terms at any time or from time to time. When these Terms are changed, you shall be given notice of the changes and directed to the page on our Website where the new Terms can be viewed. Your acceptance of your fees after the publication of the new Terms shall constitute your acceptance of the new Terms. If you do not wish to accept the new Terms, your sole remedy shall be to withdraw your Artwork from the Exhibition.
Governing Law. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of Malaysia without giving effect to any choice or conflict of law provision or rule.
Notices. All notices, and other communications hereunder shall be in writing and addressed to the parties at the most recent email provided by you. A Notice is effective only upon receipt by the receiving party.
Headings. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.
Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement. These Terms constitute the sole and entire agreement of the parties to these Terms with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall be construed as a waiver of any failure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof.
Assignment. Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating party of any of its obligations hereunder.
Successors and Assigns. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
No Third-party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.