Purpose of Artist-Photographer Agreement
This artist-photographer agreement defines the terms by which artists and photographers provide royalty free photos-printables-clipart singles to those who purchase such items from Crafty Clipart on a non-exclusive basis through the website owned and managed by CraftyClipart.com, referred to as the site.
This is a legal agreement between you, the photographer or artist, who intends to upload content or data such as clipart singles, royalty-free photos, images, printable crafts, etc. onto the site and Crafty Clipart, operator of the site. In this agreement, you wish to appoint Craft Clipart as your non-exclusive agent to distribute the data described above. When you accept the terms of this agreement, you may make content available to Crafty Clipart by following the uploading instructions delivered to you via email after you have been designated as an approved artist or photographer for Crafty Clipart.
Crafty Clipart reserves the right to ammend this artist-photographer agreement at any time.
By checking the box on the artist sign-up page, you agree to be bound by this agreement. By agreeing to the terms and conditions you are acknowledging that you understand all provisions in the terms and conditions or have sought legal counsel to explain them to you.
This agreement remains in full force until you, the artist-photographer terminate it by giving Crafty Clipart 30 days notice of the termination. Crafty Clipart reserves the to terminate this agreement without notice.
Both the artist-photographer and Crafty Clipart agree that the artist-photographer will supply Crafty Clipart with data to upload to the site. All uploading will be the responsibility of the artist-photographer. Crafty Clipart has the sole discretion of deeming any data as being unacceptable and can remove the items from the site immediately and without notice.
Assignment-Appointment
The artist-photographer appoints Crafty Clipart as their non-exclusive agent to distribute royalty-free content to third parties through the Crafty Clipart site. The artist-photographer acknowledges having reviewed and approved the User Terms and Conditions. Crafty Clipart may use the content provided by the artist-photographer including the artist-photographer name for marketing, sales and promotional efforts whether on the site or through third parties. No compensation will be given to the artist-photographer for use of said content for such business purposes.
Both parties agree all rights, including title and copyright of the uploaded files, will be retained by each individual artist and photographer. No title or copyright is transferred or granted to Crafty Clipart. Crafty Clipart will be the distributor of such material, but does not own the material. Ownership is retained by the artist-photographer.
Intellectual Property, Copyrights, Trademarks
The artist-photographer acknowledges that Crafty Clipart does not allow any royalty-free photos and images, clip art singles, printable crafts, etc. that infringes or violates any patent, trademark, copyright, trade secret, right to privacy, right to publicity or any other applicable law or proprietary rights to be uploaded to the site.
When you upload content or data to Crafty Clipart, you are making guarantee to Crafty Clipart that you own all rights including copyright of the content or data. If the content or data contains images of people or persons, you guarantee to Crafty Clipart that you have a valid and binding model release from all parties by using the Crafty Clipart Model Release form or a form of your own that contains the exact same information and permission. This model release form must be submitted with each photo or image you upload to Crafty Clipart.
The artist-photographer agrees that neither Crafty Clipart nor any of its directors, officers, employees, partners, affiliates or agents shall be liable for any damages, directly or indirectly incurred arising out of the use of or the inability to use any content or data.
In other words, you agree not to upload anything on Crafty Clipart that is not your own personal work or anything that you do not own exclusive rights to. You agree that if any human appears in your photos or images, you will have received a release form from that person before it can be uploaded to the site. If you do this, Crafty Clipart will in no way be held liable for any damages that you cause.
Continuation of Membership
Membership in Crafty Clipart is perpetual. Crafty Clipart, however, does reserve the right to remove any artist-photographer at any time without notice as deemed necessary. Crafty Clipart expects an artist-photographer to add products each month to remain active.
Compensation-Payment
Artists-photographers who sell items through Crafty Clipart will be compensated at a rate of 50 percent or one-half of the total sales price. Both the artists-photographers and Crafty Clipart acknowledge that this rate of compensation is subject to review and can be revised at any time. Artists-photographers will receive notice of any change 30 days in advance to implementing such changes. If at any time a rate change is not acceptable to you, the artist-photographer, you reserve the right to refrain from adding additional content or data to Crafty Clipart and may terminate your account by following the termination procedures.
Crafty Clipart will strive to make payments to all artists-photographers by the 15th of each month for sales earned in the previous month. The minimum payout is 25.00 USD. If the artist-photographer has not sold 25.00 in content during the 30 day period, the earnings will roll-over into the next month's earnings and will be paid if the 25.00 minimum is met for the next pay period. Payments will be distributed through Paypal and each artist-photographer will be required to have a Paypal account to receive compensation.
Pricing
It is the goal of Crafty Clipart to bring reasonably priced clipart singles, printable crafts, royalty-free photos to its customers. While the artist-photographer is able to control the pricing for their items, Crafty Clipart requires that pricing starts at a minimum of 1.00 USD.
Passwords
All artists-suppliers acknowledge and agree that they will be responsible for each and every access or use of the upload section of the site that occurs through your login name and password. Crafty Clipart agrees to accept your login name and password as proof that you wish to upload your content or data.
Warranty
The artist-photographer also agrees that no portion of the data or content contains any disabling mechanism or protection feature designed to prevent its use. You also agree that your content or data is free of any virus, worm, lock or other mechanism or device that may be used to modify, delete or damage the site or any other hardware or computer system that may render inaccessible or impair the use of the content or CraftyClipart.com in any way. You agree that the content or data you upload onto the site will include all necessary and important descriptive information to aid in effective marketing on the site. Information will be complete and accurate in all material respects. This specifically refers to keywords and descriptions of your products. If products are listed with keywords or descriptions that do not pertain to the artist-photographer items, Crafty Clipart will ask you to change them to correctly reflect the item.
Termination of Agreement
This agreement will remain in effect until the artist-photographer terminates the agreement in writing via email using the email account on file at CraftyClipart 30 days in advance of termination date. Crafty Clipart will continue to sell the artist-photographer content until the date of termination and will remove the items from the site after the date of termination. Any sales generated during the 30 day period will be paid to the artist-photographer within 30 days of the termination date.
Your termination will not affect those who have purchased your content prior to your termination from CraftyClipart. They may continue to use your content whether or not you are a member of Crafty Clipart.
Limited Liability
Every effort will be made to keep the CraftyClipart site fully functional and running at all times. There will be times, however, when interruptions in connection through no fault of Crafty Clipart will happen. Crafty Clipart will not be held responsible for lack of sales or compensation during the times the site is down.
End User Agreement
The artist-photographer acknowledges and agrees to the very flexible and liberal user conditions of use policy employed by Crafty Clipart.
The artist-photographer agrees that the content they upload can or may be used by the user to make many different types of crafts, web graphics or desktop publishing projects for personal use and for profit, such as: digital embroidery patterns, sewing patterns, cross stitch patterns, handmade greeting cards, digital scrapbook projects, print them out for traditional scrapbooking elements, tole painting patterns, bottlecap pins, wood crafts, tile making, paint can labels, candy wrappers, recipe cards, stationery, note pads, bookmarks, magnets, auction templates, web sets, siggys and avatars for both personal use and customized for re-sale, Incredimail stationery, Outlook Express stationery, desktop wallpaper, business cards, cardmaking, custom die cuts for Wishblade, Pazzles, and Craft Robo, gift tags, bag toppers, checkbook covers, many types of paper crafts, stickers, address labels, bumper stickers, kid crafts, computer crafts, certificates, banners, logos, and the list goes on!
These content must be incorporated into something new that the user creates themself. In other words, the content cannot be re-sold AS graphics within other graphic collections, including blank, uncustomized siggys and avatars, psp tubes, and formats that are transparent. The content may not be used in any type of mass production, and when using in digital scrapbook kits, they must be merged or flattened onto something else such as a frame, tag, background paper.
No commercial licensing fees will be charged to the user who purchases the content.
The artist-photographer agrees that he or she has the authority to enter into this agreement and that he or she is the exclusive owner of all content or data uploaded onto CraftyClipart.com.
