Digital Art - Licensing

DIGITAL ART LICENSING AGREEMENT - COMMERCIAL USE LICENSE (QUICK SUMMARY)

By purchasing a digital art listing, you are agreeing to the below contract
You may use the images for a PHYSICAL END PRODUCT only (fabric, journals, physical art prints, wrapping paper, mugs, etc. are all acceptable)
The images may NOT be used for digital sales or uploaded to any print on demand or design websites
Art can not be ALTERED/CHANGED/RECOLOURED in any way - the only exception is changing the SCALE (size) of the print, which is acceptable
Images may not be shared or given to others
You may not claim the artwork as your own

DIGITAL ART LICENSING AGREEMENT - PERSONAL USE LICENSE (QUICK SUMMARY)

By purchasing a digital art listing, you are agreeing to the below contract
You may use the images for a PHYSICAL END PRODUCT for PERSONAL USE only (fabric, journals, physical art prints, wrapping paper, mugs, etc. are all acceptable)
The images may NOT be used for digital sales or uploaded to any print on demand or design websites
Art can not be ALTERED/CHANGED/RECOLOURED in any way - the only exception is changing the SCALE (size) of the print, which is acceptable
Images may not be shared or given to others
You may not claim the artwork as your own

DIGITAL ART LICENSING AGREEMENT - COMMERCIAL USE LICENSE

This License Agreement contains important legal terms, and the Client acknowledges that by completing the purchase process, the Client has read the entire License Agreement and agrees to the terms herein.

This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective on the digital download purchase date between Madisson Van Berkel (“ARTIST”) and the purchaser (“CLIENT”) and is applicable to all art created or assembled by the Artist and delivered to the Client. All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.

Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images created or taken by the Artist and delivered to the Client (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.

Rights: All Images and rights relating to them and any derivative works, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. You may not claim the artwork as your own.

Usage: This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in this contract. Where usage terms and limits are not expressly stated, Client may use provided images for THEIR BUSINESS ONLY, provided that their business is producing an END PRODUCT for sale. Files may not be resold, shared, or altered in any way except to change the scale of the design. Designs may not be uploaded to any print on demand or print fulfillment websites such as (but not limited to) Spoonflower, Society 6, Redbubble, Casetify, Amazon, etc. Images used for any purpose not directly related outside of those terms must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute.

Relationship of the Parties: The parties agree that Artist is an independent contractor and that neither Artist nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

Delivery: Artist may select delivery of photographs in JPEG, PNG, or other standard formats at a resolution that Artist determines will be suitable for the Images as licensed. It is the Client’s responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the Artist within five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable resolution but in no event will Artist be liable for poor reproduction quality, delays, or consequential damages. Artist has no obligation to retain or archive any Images delivered to Client.

Fees: All fees and expenses payable under this agreement are required prior to the delivery of the Images and payable regardless of whether Client makes actual use of the Images. If full payment has not been received within ten (10) days all rights are revoked at Artist’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Artist with written statement that all images have been removed and destroyed.

Cancellation: If Client cancellation occurs after the purchase has been made, Client is responsible for one-hundred (100)% of the fee and any expenses incurred.

No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of similar nature to those provided by Artist, and Artist shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Artist.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties.

Indemnification: Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases and ensure they are in full effect.

General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the Province of Alberta. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Alberta, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.

Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.

Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.

LAST UPDATED March 16, 2022.

DIGITAL ART LICENSING AGREEMENT - PERSONAL USE LICENSE

Usage: This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in this contract. Where usage terms and limits are not expressly stated, Client may use provided images for THEIR PERSONAL USE ONLY, provided that the following three conditions are met: (1) The use must not involve the exchange of any money. (2) Usage must not, directly or indirectly, result in any financial gain. (3) The use must not promote a business entity. Files may not be resold, shared, or altered in any way except to change the scale of the design. Designs may not be uploaded to any print on demand or print fulfillment websites such as (but not limited to) Spoonflower, Society 6, Redbubble, Casetify, Amazon, etc. Images used for any purpose not directly related outside of those terms must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute.

Cancellation: If Client cancellation occurs after the purchase has been made, Client is responsible for one-hundred (100)% of the fee and any expenses incurred.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties.

LAST UPDATED March 16, 2022.