ARTIST OF THE MONTH - TERMS & CONDITIONS
Terms and Conditions
Thank you for submitting your design to Manny & Friends. Our review of your submission is conditioned on your understanding and agreement to the following provisions as of March, 1, 2014:
1. Grant of License
You retain all of your ownership rights in your design (“Artist Submission”); however, by submitting your Artist Submission you hereby grant Manny & Friends a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform your design, including but not limited to promoting and redistributing part or all of the Artist Submission (and derivative works thereof) in any media now known or hereafter developed. Such use will be royalty-free except for the compensation described in Paragraph Six of this agreement. You also hereby waive any moral rights you may have in your Artist Submissions under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your design, and your username or your actual name (according to the preferences you select at the time that you submit) along with your Artist Submission. You acknowledge that the posting of your Artist Submission for any period of time is sufficient consideration for the license granted herein to Manny & Friends.
2. Revocation of License
You may revoke your license in writing at any time subject to two limitations: You may not revoke your license for 30 days from the date of submission nor may you revoke your license after you have been notified that the design will be printed. After the design has been printed, you may revoke your license to prevent any future use of your design by Manny & Friends.
3. Representations and Warranties
By submitting the Artist Submission, you represent and warrant that: you own or control the rights necessary to enter into this Agreement; there is no legal impediment of any kind known to you which conflicts with this Agreement or might limit, restrict or impair the rights assigned or granted to Manny & Friends; the design is your original product, in the public domain, or otherwise owned or controlled by you; and the design does not violate any law or infringe upon any intellectual property right, right of privacy or publicity or other proprietary right of any third party.
You agree to indemnify and its officers and employees from and against any and all claims related to your Artist Submission. Specifically, you agree to defend, indemnify and hold harmless Manny & Friends, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Manny & Friends, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (ii) any claim that one of your Artist Submissions caused damage to a third party.)
5. Design Selection Process
Submissions to Manny & Friends are reviewed on a weekly basis. If Manny & Friends does not select artwork during the week in which it was submitted, the design may still be considered for selection in the upcoming weeks. Once Manny & Friends has determined a design will not be selected for the Site, you, the artist, will be notified. If Manny & Friends chooses to feature your design on the Site for sale on garments, you will be notified via the e-mail you provided during submission. By choosing your design, Manny & Friends makes no guarantee of any volume of sales nor does it constitute a promise that your design will, in fact, be featured. Manny & Friends reserves the right to reverse the decision to feature your design for any or no reason at all. Manny & Friends also reserves the right to modify features of your design, such as the color or size as Manny & Friends may deem necessary for production.
In the event that your design is chosen and featured on the Site, your design will be for sale on garments and potentially other items for at least 28 days. However, Manny & Friends reserves the right to remove your design, without your prior consent or knowledge, if Manny & Friends is notified that your design infringes on a third party’s copyright. For each garment or item sold bearing your design idea, Manny & Friends will pay you $1.00. By submitting your design idea, you understand that Manny & Friends will only print the number of garments or items sold plus 1 tee or item for the artist and at least 1 tee or item for the Manny & Friends archive. Manny & Friends will contact you, via the e-mail you provided upon submission, indicating the number of garments or items sold bearing your design within 5 days after the close of sale of your design. If Manny & Friends or any sub-licensee of Manny & Friends chooses to sell additional garments or other items bearing the Artist Submission, Manny & Friends will pay you $1.00 for every item sold. - Love, Manny & Friends