Creative Action Network Artist Terms & Conditions
Thank you for your interest in joining Creative Action Network’s latest campaign! 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 Creative Action, Inc. (“Creative Action Network”) through www.creativeaction.network (the “Website”) or any other portal used by Creative Action Network.
Please read these Terms carefully before submitting your artwork. By clicking “submit” or submitting your artwork to Creative Action Network, 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.
By submitting your Artwork to Creative Action Network, you agree to grant to Creative Action, Inc., along with its affiliates and partners, a non-exclusive, irrevocable, non-transferable, except as explicitly set out herein, worldwide license to use, promote, display, reproduce, and distribute your Artwork for commercial and non-commercial purposes, including, without limiting the foregoing, to reproducing the Artwork on the Website, manufacturing and selling paper and digital prints and other products incorporating your Artwork (including derivative products) through the Website, and use in all Creative Action Network promotional materials.
Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these Terms, Creative Action Network shall not, and shall not permit others to modify, correct, adapt, or prepare derivative works or improvements of the Artwork without proper attribution and 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 uses and reproductions of copyrighted material conform to the Creative Commons Attribution 4.0 International License. We will use our best efforts to insure that all Artwork contains some form of copyright management information (CMI) in some form, such as a copyright notice “©”, attribution with the author’s name, or some other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the you. We will not remove and/or alter such information in accordance with the Digital Millennium Copyright Act (DMCA).
SALE OF THE ARTWORK
Creative Action Network agrees to make your Artwork available on our website for purchase. Placement and organization of the Artwork on the website shall be in the sole discretion of Creative Action Network.
Creative Action Network is not responsible for the success or failure of the Artwork to sell on the Website. 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.
MODIFICATION OF THE WEBSITE
We are constantly looking for ways to improve our services and our Website. Therefore, Creative Action Network 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 on our website, but we are not responsible if any changes to the Website affect the sale of your Artwork.
Creative Action Network uses a profit sharing model, and you shall receive 10% of the revenue generated from the sale of your artwork online, and 40% of revenue generated from licensing / publishing royalties on your work.
Creative Action Network shall have complete and sole discretion in setting the prices for products it sells.
All fees payable under these Terms shall be paid within 90 days after the end of Q2 and Q4 by check, money order, electronic transfer, or other method mutually agreed upon by you and Creative Action Network.
TERMINATION & WITHDRAWAL
You may terminate your relationship with Creative Action Network and withdraw your Artwork at anytime by contacting firstname.lastname@example.org. We will withdraw your Artwork within 10 days of receiving notice of your desire to withdraw your Artwork from the Website.
Creative Action Network may terminate your relationship with the company by giving you 10 days notice of the intended termination and then immediately removing your Artwork from the Website
Upon termination, your Artwork will be removed from the Website, Creative Action Network will no longer sell, distribute, or use the Artwork, and Creative Action Network 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 on the website. Upon termination of these Terms you shall no longer receive any fees from Creative Action Network.
REPRESENTATIONS AND WARRANTIES
You hereby represent that:
You hereby agree to indemnify, defend and hold harmless Creative Action Network 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 CREATIVE ACTION NETWORK ARE “AS IS” AND NO WARRANTIES ARE PROVIDE.
IN ADDITION TO THE DISCLAIMER IN THE WEBSITE TERMS OF SERVICE, CREATIVE ACTION NETWORK 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 CREATIVE ACTION NETWORK SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SALE AND PERFORMANCE OF YOUR ARTWORK THROUGH THE WEBSITE.
CREATIVE ACTION NETWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, 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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
MODIFICATION OF THESE TERMS
Creative Action Network 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 website.
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 the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
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.