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Submission Terms & Agreements

Definitions:


  • "Original Artwork" constitutes any creation by you, the Artist, that may be reasonably and customarily considered Artwork.

  • "Submitted Image" constitutes any image file of any format of your Original Artwork, submitted to Artocrats.com by you, the Artist.

  • "Approved Image" constitutes any Submitted Image deemed appropriate by Artocrats.com for consideration by our members.

  • "Voter-Selected Image" constitutes any Approved Image selected by our members to become a limited edition print, to be produced by Artocrats.com.

  • "Letters of Authenticity" constitute letters, signed by you, the Artist, verifying that a print of a Voter-Selected Image is an approved reproduction of your Original Artwork.

  • A "Club Membership" constitutes a purchased membership to Artocrats.com, for the purpose of receiving one (1) limited edition print of Original Artwork per month, for a time period of three (3), six (6), or (12) months, as defined by the terms of their membership.

  • "Remainder Prints" are those surplus prints that are not sent to members as part of a Club Membership, and are retained by Artocrats for individual sale through the Artocrats.com website.

By selecting "I Agree" below and in consideration of Artocrats.com evaluating your Submitted Image for its possible use as a Voter-Selected Image in the production of limited edition fine art prints (the "Items"), you agree to the following terms and conditions ("Artwork Submission Legal Terms and Conditions"):

If your Submitted Image is selected for use by Artocrats.com, you acknowledge that you assign to Art Club Monthly LLC and its subsidiaries and affiliates (hereinafter collectively "Artocrats.com") the exclusive publishing rights in and to your Original Artwork. This licensing will be in effect for a period of two (2) years (the Term of this Agreement), starting from the date of your Approved Image's acceptance as a Voter-Selected Image. During the Term of this Agreement, you will not authorize, license or in any other way permit the publication, use, or exploitation of your Original Artwork except with the written consent of Artocrats.com. After the Term of this Agreement is fulfilled, the exclusive publishing right in and to your Original Artwork will return to you, the Artist.

You, as the Artist, will retain all copyright rights as related to your Original Artwork. Your Original Artwork may be used for any commercial or non-commercial purpose other than those listed above. If your Original Artwork is reproducable, Artocrats.com must be notified in writing of your intent to sell any reproductions of your Original Artwork. During the Term of this Agreement, you may sell as many reproductions of your Original Artwork as you, the Artist, can personally sell either in person, via mail, or via the internet, so long as two conditions are met: Any reproduction created and sold by you must be signed by you, the Artist; and any reproduction created and sold must differ in print size by a minimum of twenty-five (25) percent from the Items sold and distributed by Artocrats.com.

Prior to the end of the two (2) year Term you may propose to buy back licensing rights from Artocrats.com. Artocrats.com will evaluate any offer at the time of proposal and retains the right to refuse any offer at any time.

In addition, by submitting an image of your Original Artwork (Submitted Image) to Artocrats.com, you may not reproduce, sell, or submit the Original Artwork to others for any commercial purpose, except those noted above, for a period of ninety (90) days after the date of submission while the Submitted Image is being evaluated by Artocrats.com. Once the ninety (90) days have passed, if your Submitted Image is not chosen for print by Artocrats.com, you are free to use the Original Artwork for any commercial or non-commercial purpose. However if your Original Artwork is used elsewhere, you must notify Artocrats.com by email at removeme@artclubmontly.com about where and when the Original Artwork will be used, so that it can be removed from the Artocrats.com website. If your Original Artwork is used or reproduced for commercial purposes elsewhere, you cannot use Artocrats.com blogs to promote the Original Artwork or the company using the Original Artwork. You further agree not to use Artocrats.com blogs to promote the products and services of any company that operates in competition with Artocrats.com. Artocrats.com reserves the right to choose your Submitted Image after the (90) days have passed, on the condition that the design has not been used for commercial purposes on any Items, as described above.

If your Submitted Image is selected as a Voter-Selected Image, you may not withdraw your submission. Voter selections for any given month are final and binding.

If your Artwork is selected as an Voter-Selected Image, Artocrats.com may use the Voter-Selected Image in any manner on or in connection with the Items, including but not limited to: reproducing the Voter-Selected Image on the Items, selling Items bearing the Voter-Selected Image, changing or reworking the Voter-Selected Image by making color or size changes, making derivative works of the Voter-Selected Image, and using the Voter-Selected Image on the Artocrats.com website and on promotional material for Artocrats.com.

By submitting your Original Artwork in the form of a Submitted Image, you acknowledge that the Submitted Image you are assigning to Artocrats.com is, in good faith, an image your own Original Artwork, and that neither the Submitted Image nor your Original Artwork has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Artocrats.com in its sole discretion, deems to be profane or offensive. You acknowledge that Artocrats.com reserves the right to decline to select your Submitted Image for consideration for any reason.

If your Submitted Image is not deemed suitable for print as determined by Artocrats.com, Artocrats.com will make a good-faith effort to assist you in presenting a suitable hi-resolution format.

If your Approved Image is selected, you agree to sign Letters of Authenticity and to return them by mail, at the sole expense of Artocrats.com, within three (3) days of your receiving the Letters of Authenticity. A failure to sign and return Letters of Authenticity to Artocrats.com will result in non-payment, but will not constitute a termination of this Agreement.

Upon receipt of your signed Letters of Authenticity, Artocrats.com will remit payment to you within 30 days. Such payment will be in the form of: $300 cash payment and a free 3-month Club Membership, or you may choose to receive a free 12-month Club Membership and two (2) Remainder Prints. Regardless of which payment option chosen, all Artists whose work becomes a Voter Selected Image will receive one (1) free print of the chosen work. Artocrats.com reserves the right to change these payment terms at any time, by posting them on the Artocrats.com website, and changes will be effective upon posting. Payment will be based on the terms in effect when your Approved Image is selected. You alone will be responsible for the payment of any tax that arises as a result of receiving payment from Artocrats.com.

Additionally we also state that we'll send them a print of their work. Still planning on this I assume?

Participants, who in the opinion of Artocrats.com, do not comply with these Artwork Submission Legal Terms and Conditions, or for any other reason at Artocrats.com's sole discretion, can at any time be excluded from consideration without notice.

This Agreement in no way constitutes a partnership or joint venture. Neither you nor Artocrats.com will act as an agent for the other, or incur liability for which the other may be liable.

The decisions of Artocrats.com are final and binding.