License Agreement Please Read Carefully This Is A Legal Agreement


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License Agreement Please Read Carefully This Is A Legal Agreement

  1. 1. LICENSE AGREEMENT PLEASE READ CAREFULLY. This is a legal agreement between you, the submitting artist and the Digital Fine Arts Museum. By checking the “I agree to the terms and conditions” checkbox and clicking the subsequently activated “Submit” button, you agree to the terms of this License Agreement. This agreement is made between Digital Fine Arts Museum, Inc. (hereinafter referred to as DFAM) and the submitting artist (hereinafter referred to as ARTIST) WHEREAS the Artist executing this License Agreement wishes to have one or more of his works exhibited in the website of DFAM and/or to have any accepted works included in touring exhibitions organized by DFAM, and WHEREAS the Artist wishes to retain ownership of his original works, but wishes to authorize use by DFAM, and WHEREAS DFAM wishes to be licensed reproduce in various media the work(s) accepted from the Artist, the PARTIES DO AGREE AS FOLLOWS: (1) Artist may submit works to DFAM for consideration of inclusion in DFAM’s website and/or touring exhibition(s). Works are submitted only via this website. (2) DFAM does not guarantee to accept any work which is submitted. Works which are submitted will be reviewed and, if accepted, a notification will be sent to the Artist by email to the email address indicated in the submission form. (3) Artist may include a link from his own website to the internet website of DFAM if he so wishes; but is not obligated to do so. (4) Except as restricted by section 6, below, DFAM may offer for free distribution and/or sale, items which may include, but are not limited to, postal cards, greeting cards, collection catalogs and promotional materials which will be printed by third party vendors acceptable to DFAM. Said items may be offered online at the DFAM website, or may be pre-printed and be offered for distribution and/or sale on site at the venue of a touring exhibition. DFAM may elect to include any accepted works in a compilation published in any hard copy form, on CD, or in any other physical or electronic form; provided that any such works will be properly identified as to title and name of Artist. (5) The Artist shall not license any other party to produce copies of the accepted works without the express prior written consent of DFAM. This will not prohibit the retail sale of copies in any form by the artist at any website owned or controlled by him .
  2. 2. (6) This License Agreement does restrict the right of DFAM to make reproductions (giclee or any other format) in larger scale only for use in on-site public exhibitions. Any such large scale copies made will always be exhibited with identification including artist name and work title. DFAM will not offer large scale reproductions for sale to the public through online ordering nor on-site sales at exhibitions without the express prior written consent of the artist and execution of an agreed license royalty amendment. Except, that no artist will ever be required to agree to any license for large scale reproductions to be offered for sale. For purposes of this agreement the term “large scale” will include any net image size greater than 110 sq. inches (280 sq. cm.) (7) DFAM will make every effort to include an Artist’s accepted works into the DFAM website as quickly as possible. However, the management of the website is outsourced to a third party vendor. DFAM will not be liable for any delay in including the Artist’s work. (8) This agreement may be modified at any time by DFAM and any changes will be published and transmitted electronically to the Artist at his email of record with DFAM. (9) In the event of any dispute arising from the business contemplated by this Agreement, the parties agree that any such dispute shall be governed by the laws of the State of Georgia, and that in the event of any litigation initiated pursuant to this Agreement that the parties shall be subject to the jurisdiction of the Courts of Cobb County, Georgia, United States of America. (10) This is the entire Agreement between the parties and no amendments, modifications or additions thereto shall be effective unless in writing and duly executed by an authorized officer of DFAM. This contract is in electronic form. DFAM anticipates needing to contact you in the future regarding this Agreement and/or your submissions. DFAM may contact you and/or send you information in electronic form (1) via e-mail at the e-mail address you specified when you registered with DFAM, (2) by access to an DFAM web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a DFAM web site that will be generally designated in advance for such purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail. ACCEPTANCE. If you agree to the Terms of this Agreement, please check the “I agree to the terms and conditions” checkbox and click the subsequently activated “Submit” button to electronically submit your material to DFAM We make every effort to promptly acknowledge receipt of materials and advise submitting artists of acceptances as quickly as possible.