Terms of Service

TERMS OF SERVICE


INTRODUCTION

Artworkible (“Artworkible” or “we” or “us” or “our”) has created a platform which brings artists and customers together. We provide services, which enable you to publish, sell, promote, and purchase artwork and art-related products through the Services and receive the benefits of the Services. The platform enables artists to earn money from their artwork by making it available for sale to customers on a variety of products.


ARTWORK, CONTENT AND THIRD PARTY RIGHTS

As between you and Artworkible, you own all and retain all rights in your artwork and content. You hereby grant us, our international websites, third party affiliates, wholesale partners, and our third party retailers a worldwide, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed for the purpose of promoting your artwork and content, producing and promoting products with your artwork and content, and providing the Services.


Contact us if you do not wish to have your artwork displayed and sold on products through our international websites, third party affiliates, wholesale partners, or third party retailers. If you remove your artwork, we, our affiliates, wholesale partners, and our third party retailers will have ten (10) business days to delete your artwork from the Services. We, our affiliates, wholesale partners, and third party retailers will have the right to sell any products bearing your artwork during such ten (10) business day period.


You represent and warrant that:


  1. you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Services, to manufacture, distribute and sell products that include your artwork and to grant us the rights granted to it in these Terms;
  2. your artwork and content and the manufacture, distribution and sale of products that include your artwork does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
  3. your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  4. your artwork and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Services. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.


COPYRIGHT AND TRADEMARK POLICY

You agree to abide by our Copyright and Trademark Policy, which is incorporated herein by reference, including the procedures to report infringements of copyrights, trademarks, or other intellectual property rights.


IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING ARTWORK FOR SALE THROUGH THE SERVICES.


ARTIST SHARE

For every product that is sold with your artwork printed on it, we will pay you (“Artist Share”), which is twenty percent (20%) of sale price, based on the schedule set forth here. For sales of products on artworkible.com, you will be paid on a monthly basis, generally within thirty (30) days of the end of a month. All amounts will be paid in U.S. Dollars and transferred through PayPal. You are responsible for paying all applicable taxes associated with your receipt of Artist Share.



COPYRIGHT & TRADEMARK POLICY


As between you and us, you own all and retain all rights in all artwork and content that you have submitted, posted, published, displayed, or offered for sale through the Artworkible Services. You hereby grant Artworkible and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed for the purpose of promoting your artwork and content, producing and promoting your products, and providing the other Society Services to you.


YOU, AND NOT WE, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR ARTWORK AND CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR ARTWORK AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ARTWORK AND CONTENT.


You represent and warrant that:


  1. you own all intellectual property rights in your artwork and content, or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Artworkible Services, to distribute and sell products that include your artwork and content and to grant us the rights granted to us in the Terms;
  2. your artwork and content and the distribution and sale of products that include your artwork and content do not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
  3. you will review and comply with the Terms, the Privacy Policy, all other rules, policies and procedures that we may publish from time to time and all applicable laws, rules and regulations;
  4. your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  5. your artwork and content are accurate, not misleading or deceptive, and do not lead to offering or disseminating fraudulent or counterfeit products.

We reserve the right to prescreen your artwork and content (but have no obligation to do so), to review and remove your artwork and content from the Artworkible Services, and to cancel the Artworkible Services we provide to you at any time in our sole discretion. If you submit artwork and content that we, in our sole discretion, believe may infringe another party’s intellectual property rights, we may immediately terminate your account, in addition to any other remedies it may have.

TAXES AND SHIPPING

If applicable, VAT is included in the purchase price. Shipping charges will be shown during the checkout process prior to finalizing your order. Shipping charges include the rate we are charged by third parties for sending your order. Title to products passes to you upon shipment. We endeavor to deliver all orders on-schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems. We are not responsible for any duty/import/taxes/customs/etc charges you may incur.