Artist’s Contributor Agreement – Terms and Conditions

This non-exclusive, legally binding agreement, herein after referred to as the “terms”, between A&LB CUSTOM FRAMING, LLC, DBA I\\\’VE BEEN FRAMED JACKSON , herein after referred to as “[pvs_company_friendly_name]” and you, herein after referred to interchangeably as “You” or the “Artist”, governs the terms by which you may submit and license artistic digital still photographic content , herein after referred to as the “Content”, to  [pvs_company_friendly_name] at our website, ivebeenframedjackson.com, herein after referred to as the “Site”.  This agreement may be changed or amended at any time without advance notice. You agree to be bound by the then current terms of this agreement as published on the Site.

Copyrights & Exclusivity

By submitting Content to [pvs_company_friendly_name] you are representing that you own or have a license to the copyright in the Content being submitted. The copyright to all Content submitted to [pvs_company_friendly_name] remains the property of You the Artist and nothing in the Terms shall be construed as a transfer of copyright to [pvs_company_friendly_name].

Grant of License

By submitting your Content to [pvs_company_friendly_name] you grant us a worldwide, non-exclusive right to sell, license, sublicense, reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any content uploaded by You and accepted by [pvs_company_friendly_name] in exchange for specified compensation as agreed upon by You and [pvs_company_friendly_name], until such time as this Artist’s Contributor Agreement is terminated pursuant to its terms. You further grant to [pvs_company_friendly_name] a worldwide, non-exclusive right to use the images  You submit and Your name, username and Images in connection with [pvs_company_friendly_name]’s marketing and promotional activities without the payment of any compensation to You. You expressly waive any artists’ authorship rights or any droit moral that  You would otherwise have under the laws of Jackson, Michigan, United States Copyright Act or similar laws of any jurisdiction.  

Compensation

– Royalties

Artists shall earn a royalty according to the currently published royalty rates at the time of the sale for any Content sold and for which[pvs_company_friendly_name] has received payment. Royalty payouts will be made by the 15^th of the month following the month in which payment was collected provided that the total amount of royalties due to Artist  is $25 dollars or more. If the total amount of royalties earned is less than $25 then payment will be held until the total amount of royalties due to the Artist reaches the minimum threshold of $25.  [pvs_company_friendly_name] will recoup royalties paid to you in connection with refunds made by deducting applicable royalties credited to your account for future payment. Credit card chargebacks will be treated in the same manner as refunded sales.  [pvs_company_friendly_name] shall have the sole authority for determining refund policies and issuing refunds.

– Additional Affiliate Commissions

Independent artists who list their artwork with us have the option of also signing up as an affiliate. When you sign up as an affiliate you will get an custom link to our site containing your unique affiliate ID. If a visitor comes to our site from your affiliate link and signs up with us then any purchases of any product from our site within the following year will earn you an affiliate commission based on the affiliate commission rates in effect at the time of the sale. If a visitor comes to our site from your affiliate link but does not sign up then we will attempt to set a cookie in their web browser containing your affiliate ID. If that visitor returns to site within 30 days and makes a purchase and if we can detect your affiliate ID cookie then you will receive the applicable affiliate commission on such sales.

Representations and Warranties

You represent and warrant that:

• you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
• you are under no legal disability or contractual restriction that prevents you from entering into this agreement;
• you are at least 18 years of age;
• the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
• if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Daz, Illustrator), the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Content created by you, and to license such Content to [pvs_company_friendly_name] for the purposes set forth herein.
• the Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
• there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder; and
• You agree that you are legally able to enter into this agreement, and that none of the Content you submit will violate any laws or infringe any third party’s rights.
• you will not transmit unsolicited emails or engage in so-called “spamming” to publicize or promote your relationship with [pvs_company_friendly_name] or the sale of your Content – nor will you falsely advertise or deceptively publicize your relationship with [pvs_company_friendly_name] in a manner that mischaracterizes or implies sponsorship, endorsement, employment or any other affiliation that exceeds the actual scope of your relationship to [pvs_company_friendly_name], nor will you use [pvs_company_friendly_name] Trademarks through the use of search engine advertising and/or marketing.
• You acknowledge that such advertising and/or marketing might infringe on the intellectual property rights of [pvs_company_friendly_name] and/or third parties. In addition to its other rights and/or remedies under the Terms, [pvs_company_friendly_name] shall be under no obligation to pay you any referral fees or other compensation if you violate the terms of this subparagraph.

[pvs_company_friendly_name] represents and warrants that:

• it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and
• upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, [pvs_company_friendly_name] may send you written notice of such claim, using the email address provided by you to [pvs_company_friendly_name], specifying the details of the claim as then known to [pvs_company_friendly_name]. Pending the determination of such claim, [pvs_company_friendly_name] may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by [pvs_company_friendly_name].

You will cooperate fully with [pvs_company_friendly_name] in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.

Indemnification

You agree to indemnify and hold [pvs_company_friendly_name], its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the Terms. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.   If a claim arises due to your breach of your representations in this agreement, you agree to cover [pvs_company_friendly_name] for its loss. If a claim arises due to [pvs_company_friendly_name]‘s breach of its representations in this agreement,[pvs_company_friendly_name] agrees to cover you for your loss.   The party seeking indemnification agrees to notify the other party as soon as possible.  [pvs_company_friendly_name] shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of any breach or claimed breach of any of [pvs_company_friendly_name]‘s representations or warranties or any of [pvs_company_friendly_name]‘s obligations pursuant to the Terms. [pvs_company_friendly_name] will only be liable for incidental, consequential, or special damages in the case of third party claims.   If [pvs_company_friendly_name] is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which you will not unreasonably withhold or delay. If you are the indemnifying party, [pvs_company_friendly_name] shall have the right but not the obligation to assume control of any litigation.   When indemnification is sought due to a legal claim by a third party, the indemnified party shall: promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the Terms, unless the failure to notify causes material prejudice to the indemnifying party; and give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party’s errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party’s expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party’s sole expense.

Technical requirements

• Only JPEG images should be submitted • Use color space sRGB • Minimum image resolution: 4 MP (megapixels) • Maximum image resolution: 100 MP (megapixels) • Maximum file size: 12 MB (megabytes) • Images must be print ready with no watermarks and not in need of any cropping. • Do not upsample image files; submit the maximum file size that your camera can produce. Appropriate titles are important for search indexing and for merchandising. Give your image a descriptive and appealing title. Keywords help to ensure that your images show up in search. Do not use trademarked names (ex: BigMac, Chanel, etc.) or types of content (examples: vector or illustration) as keywords or in your title. If any person or private property in the image is recognizable then a model or property release must accompany the image. In the case of an identifiable property, investigate whether the item is protected by privacy, trademark, or copyright law, because a property release may be required. Some buildings and places of interest cannot be used for commercial photography. It is up to you to determine if a release is needed. Remember, you are indemnifying us and our customers in the case of a dispute. Files that contain logos, trademarks, company names, or brand names (examples: Ford, Exxon, Microsoft) can’t be accepted. In certain cases, you may be able to submit work where logos, trademarks, company names, and brand names are digitally removed. Partial removal of a trademark or logo is not an acceptable substitute for the full removal of trademarks or logos from content you submit. Files that contain images of copyrighted material, such as some artwork, sculptures, or architecture, cannot be accepted unless you include property releases from the creator and/or copyright owners.

Image Quality standards

In order to generate a quality art print your images should be: • Appropriately lit and exposed • Without visible noise or dust • Well-composed • Processed inconspicuously Tips for photographing artwork • Mount your artwork onto the easel using a level to be sure it is upright and square to the camera lens. • Mount your camera to the tripod. Make sure the angel of camera is perpendicular to the painting to negate distortion. If the camera is angled up or down even slightly, this will cause the image to look warped. • Frame and position with the tripod to fill the view finder with the painting. When you look in the view finder, be sure the subject fits perfectly meaning the painting will be square and even on all four sides. • Photograph the artwork with the grey scale in the frame of your shot. • If using lights, position them at 45 degree angles bouncing the light equally into the umbrellas or soft boxes and back onto your art. Lighting is key. Remember what you see is what you get so before making your exposures, be sure lighting is even by using a light meter or by measuring the distance of the lights from the subject you are photographing. • If shooting outside without lights, make sure the light on your painting is even distributed. The surface of the painting may have a reflective quality so beware of light kicks and shine. This would blow out your highlights, thus leaving no detail for printing. • With your camera’s built in light meter, you can achieve your desired exposures. With strobe lighting you will need a light meter to determine your exposures.