Effective May 25th, 2018
In order to be a Contributor on Michael Colgate - Artist Website:
1. You review and agree to these Terms and Conditions of Use.
2. You sign up to be a Contributor by creating an account.
3. You upload Your images to the website.
4. You decide whether You want to just sell Your images as print-on-demand products and/or license them royalty-free, rights-managed, or both.
5. You set Your own prices for the various products (e.g. canvas prints, greeting cards, iPhone cases) and image licenses that we offer.
6. You're done.
Opening an Account
You must open an account to sell print-on-demand products or license your images through the Website.
After opening an account on Michael Colgate - Artist Website, You may create a public profile page which includes your name, biography, contact information, images, and other information and content that you choose to upload and/or publicly disclose. All of this information is fully disclosed on the Website. Any member of the public who visits the Website will be able to view all of the profile information that You have entered.
Cancelation of Account
You may close Your account at any time by logging in and clicking on the icon that says "Close Account" . After clicking that link, Michael Colgate - Artist Website will immediately close Your account and remove Your profile page and uploaded images from the Website.
Michael Colgate - Artist Website may cancel a Contributor account at any time for any reason. Even after Your account is terminated, Your obligations under this Contributor Agreement will remain in effect.
Submission of Images
By submitting images to Michael Colgate - Artist Website, You grant to Michael Colgate - Artist Website a worldwide, non-exclusive right to sell, license, sublicense, reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any images uploaded by You and accepted by Michael Colgate - Artist Website in exchange for specified compensation as agreed upon by You and Michael Colgate - Artist Website, until such time as this Contributor Agreement is terminated pursuant to its terms. You further grant to Michael Colgate - Artist Website a worldwide, non-exclusive right to use the images You submit and Your name, username and Images in connection with Michael Colgate - Artist Website'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 the State of New York, United States Copyright Act or similar laws of any jurisdiction.
If you choose to sell image licenses for any of your images, You grant permission to Michael Colgate - Artist Website to add, modify, or remove information related to Your Images in order to manage and license such Images.
Michael Colgate - Artist Website has the right to refuse to accept or to remove Images from the Website for any reason. Images will be removed if Michael Colgate - Artist Website believes that the Images will subject Michael Colgate - Artist Website or any of its officers, managers, directors or employees to legal liability or if the Images violate these terms and conditions of use.
Agreement to License Images to Michael Colgate - Artist Website
For any images that you choose to license via one of our Royalty-Free or Rights-Managed Licenses, Michael Colgate - Artist Website shall have the right, but not the obligation, to license Your Images to its customers for use in accordance with Michael Colgate - Artist Website's Royalty-Free License and Rights-Managed License programs. Terms and conditions that govern the customer's use and restrictions on use of the Images You license can be found here. You have the obligation to read and familiarize yourself with the terms of the licenses. These license terms are deemed incorporated into and made a part of these terms and conditions of use by this reference. Licenses issued by Michael Colgate - Artist Website for any Image that is later removed from the Website will remain in full force and effect.
Ownership of Images
The copyrights in and to all Images You submit remain with You as the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to Michael Colgate - Artist Website or its sublicenses.
For all of the products and image licenses available on Michael Colgate - Artist Website, You have the ability to set your own prices and specify exactly how much You want to earn for each product sale or license sale.
When a sale is made, Michael Colgate - Artist Website shall credit Your Michael Colgate - Artist Website account with the price that you had set for the purchased product / license at the time the buyer added the product / license to his shopping cart on michaelcolgate.com
You may change the prices for any product or license, at any time, by logging in to Your account and making the change.
If Your account is terminated for a breach of the material terms of the Contributor Agreement, in addition to its other rights at law or in equity, Michael Colgate - Artist Website shall have the right to retain any royalties and/or other compensation otherwise payable to You hereunder as liquidated damages.
If You are credited compensation in connection with a sale and Michael Colgate - Artist Website thereafter issues a refund to the buyer for that sale, Michael Colgate - Artist Website shall have the right to deduct payments credited to Your account. If Michael Colgate - Artist Website makes an overpayment of compensation to You for any reason Michael Colgate - Artist Website shall have the right to deduct the amount of such overpayment from Your account or to demand the immediate repayment of such overpaid compensation.
Michael Colgate - Artist Website reserves the right to cancel any order placed on the Website at any time for any reason. When an order is canceled, the buyer will receive a full refund, and the Contributor will not be entitled to any compensation from the sale.
Payments are sent to you on the 15th of each month for all of Your sales that were received by Michael Colgate - Artist Website on or before the 15th of the previous month which were not subsequently canceled or returned within 30 days after the sale date.
All payments are sent via Paypal. If You do not have a Paypal account, You can not receive payments from Michael Colgate - Artist Website.
There is no minimum balance required to receive a payment. If Your payment due is greater than $0, the payment will be sent.
You grant Michael Colgate - Artist Website the right to dispose of Your returned products in any manner we see fit.
Copyright Infringement Claims
While Michael Colgate - Artist Website takes commercially reasonable steps to ensure that the rights of its Contributors are not violated, Michael Colgate - Artist Website has no obligation to pursue legal action against any alleged infringer of any of Your rights in and to any Images. You hereby grant Michael Colgate - Artist Website the right and authority to take such steps as Michael Colgate - Artist Website deems commercially reasonable to protect Michael Colgate - Artist Website's rights in the Images. Michael Colgate - Artist Website recommends that You register all of Your Images for copyright protection, as such registration is generally a prerequisite to commencing an action for copyright infringement. More information on registering your work for copyright protection can be found at http://www.copyright.gov/.
You agree to provide valid and accurate model releases for all Images You contribute to Michael Colgate - Artist Website that require said releases. You agree that You are solely responsible for retaining all original model releases and maintaining complete and accurate model release records. Model releases are to be electronically delivered to Michael Colgate - Artist Website with the Images. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of these terms and conditions of use and can result in the immediate termination of Your account without notice.
You agree that Michael Colgate - Artist Website may furnish redacted model releases to customers, in order to respond to any potential or actual legal action or comply with applicable laws, regulations, and/or union reporting requirements.
Representations and Warranties
You represent and warrant that:
(A) You have the full right, power and authority to enter into this Contributor Agreement and to fully perform all of Your obligations hereunder;
(B) You are under no legal disability or contractual restriction that prevents You from entering into this Contributor Agreement;
(C) The Images 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;
(D) If the Images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;
(E) If the Images contain third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under U.S. intellectual property laws;
(F) The Images are neither obscene nor defamatory and do not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
(G) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Images or which might in any way impair the rights granted by You hereunder.
Content Posted to Website
You are solely responsible for the Content that You upload or post to the Website or any material or information that you transmit to other Contributors.
By posting any Content to the public areas of the Website, You hereby grant to Michael Colgate - Artist Website the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content on the Website for purposes of sale and license. You also grant Michael Colgate - Artist Website the right to use and display your Content in online advertisements, online videos, online newsletters, printed marketing materials, and TV commercials for the purpose of promoting Michael Colgate - Artist Website.
You represent and warrant that: (i) You own the Content posted by you on the Website or otherwise have the right to transfer rights in the Content, and (ii) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.
You understand and agree that Michael Colgate - Artist Website may review and delete any Content, message, image, or profile that in the sole judgment of Michael Colgate - Artist Website violates this Contributor Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any Contributor or any third-party.
Michael Colgate - Artist Website reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the account of such violators. Prohibited Content includes Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of junk mail , chain letters, or unsolicited mass mailing or spamming ; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that is sexual in nature; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) is irrelevant to the print-on-demand business, image licensing business, or the stated purpose of this Website.
You agree to use the Website in a manner consistent with any and all applicable laws and regulations.
Michael Colgate - Artist Website requires all users to comply with copyright and other intellectual property laws. You may not publish or make available any user material that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. You represent and warrant that you have all rights necessary to publish and distribute any user material that you make available through FineArtAmerica.com.
If you are found to have violated copyright law in any way, Michael Colgate - Artist Website reserves the right to terminate your access to the site. Repeat Infringers of copyright law will be banned from Michael Colgate - Artist Website as required by copyright law 17 U.S.C. 512(i)(1)(A).
You agree to indemnify and hold Michael Colgate - Artist Website 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 Contributor Agreement. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.
Limitation of Damages
IN NO EVENT SHALL Michael Colgate - Artist Website BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF Michael Colgate - Artist Website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Michael Colgate - Artist Website'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Michael Colgate - Artist Website.
Term & Fees
Michael Colgate - Artist Website reserves the right to charge Contributors fees for membership on the Website. The current fee for standard members is $0.00 / year. The current fee for premium members is $30 / year. The premium membership fee is automatically charged to the premium Contributors once per year on the anniversary of their sign-up dates.
A notification of any fee change will be e-mailed to all affected Contributors at least 30 days in advance of the change. Any Contributor that wishes to cancel his/her account may do so at any time by logging in to his / her account and clicking on the icon that says "Close Account". Upon cancelation, Contributors will not be entitled to a refund of any previously charged membership fees (unless the cancelation occurs within 30 days of the Contributor's sign-up date).
Proprietary Rights in Content on Michael Colgate - Artist Website
Michael Colgate - Artist Website owns and retains all proprietary rights in the original elements of the Website, including its selection and arrangement of Content. The Website contains copyrighted material, trademarks, and other proprietary information of Michael Colgate - Artist Website and its licensors. Except for that information which is in the public domain or for which You have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
The relationship of Michael Colgate - Artist Website and the Contributor is that of independent contractors.
The Contributor Agreement contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter.
The validity, interpretation and enforcement of the Contributor Agreement, matters arising out of or related to the Contributor Agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Illinois (without reference to choice of law doctrine).
BY SUBMITTING ANY IMAGES TO Michael Colgate - Artist Website YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF Michael Colgate - Artist Website PRIVACY STATEMENT (WHICH BY THIS REFERENCE IS DEEMED INCORPORATED HEREIN), WITH THE SAME FORCE AND EFFECT AS IF YOU SIGNED SUCH DOCUMENTS BY HAND.