The artist agreement contains terms and conditions for submitting your designs and art. Any materials or artwork submitted hereinafter the design, to Threadiverse LLC, a limited liability company. Please read the agreement carefully and closely. The designs will be on sale on Threadiverse typically between the $16-$25 price range with apparel going on sale at Threadiverses sole discretion. Threadiverse will sell and print as many of these designs as needed including extras printed for spoilage. Threadiverse currently pays $1 USD per each shirt sold. As new apparels are added to the store, Threadiverse will adjust pay rates as needed to properly compensate the amazing artist that submit designs. And making people more happy than when they came in is our aim.
Artist and Designers will be paid within 15 business days of the end of the sale of your design. You, retain full rights of your designs but Threadiverse retains the rights to sell and to use designs for promotional purposes, such as but not limited to videos, blog post, social media post, and in the gallery until the heat death of the universe.
Stolen art is absolutely prohibited from being posted to Threadiverse. You will not submit works that you do not own nor control the rights to. Designs you submit are original, or transformative works. These works do not and will not be allowed if they violate any law infringing on the intellectual property of others, rights of privacy or publicity or rights of any third parties.
By submitting your design to Threadiverse for consideration for voting and printing you agree to the terms and conditions stated in this agreement. Threadiverse is referred to in this Agreement as “we,” "it's", “us,” “our,” or “Threadiverse.” Your designs, artwork or other materials submitted to Threadiverse are referred to at times in this Agreement as the "submission", "art", "work", "works", or “design.” While it is not required, it's important that you read this Licence agreement carefully and take legal advice from an experienced independent lawyer on the contents and implications of this Licence Agreement before submitting your designs to us. When you submit designs, artwork or other materials to Threadiverse, you agree to provide personal information that is accurate, current and complete and legible.
This agreement starts from the date of the submission of your design and is between Threadiverse and the submitting party and/or artist This involves:
(1) Threadiverse LLC registered address is coming soon.
1.1 In this Agreement, the following terms shall have the following meanings:
(a) “Agreed Sales Period” means the period of time for which a Product is available for sale on the Website.
(b) “Acceptance Notice” means a written notice which Threadiverse may send to the Artist from time to time specifying the Accepted Works which Threadiverse has accepted for inclusion for sale on the Website or Social Media page of choice of Threadiverse;
(c) “Accepted Works” means the Works indicated in the Acceptance Notice which are accepted by Threadiverse to be incorporated into the Products;
(d) “Intellectual Property Rights” means all intellectual property rights whether registered or unregistered, including but not limited to copyright, database rights, design rights (whether registered or unregistered), all rights in inventions (whether patentable or not), trade marks, business names and all goodwill acquired in relation to same and all rights of an equivalent nature whether register-able or not throughout the World;
(e) “Products” means the products sold by Threadiverse from time to time which incorporate the Accepted Works and “Product” shall be construed accordingly;
(f) “Royalties” means the royalties calculated in accordance with clause 4.1;
(g)"Indemnification" means an agreement that provides for one party to bear the monetary costs, either directly or by reimbursement, for losses incurred by a second party.
(g) “Website” means www.Threadiverse.com and or Threadiverse social media site URLS operated by Threadiverse.
(h) “Work” means all work created by the Artist from time to time including without limitation all designs supplied by the Artist to Threadiverse in accordance with the terms of this Agreement.
1.2 The singular includes the plural and vice versa and any gender includes the other gender.
1.3 The headings in the Agreement are for convenience only and shall not affect its interpretation.
2.0 Intellectual Property Rights
Threadiverse LLC, acknowledges and respects the intellectual property rights of others.
2.1 Submissions to Threadiverse for publication, manufacturing and marketing must comply with U.S Intellectual property rights and fair use laws. Should a complaint be received by Threadiverse that a design submitted by the you, the submitter, or artist infringes on the intellectual property rights of any third party we will review the submission and if it's deemed to have violated the intellectual property rights and does not fall under "fair use" we will be forced to remove the design from our website. From there we will give you detailed information on the complaint made. The identity of the party the complaint will remain confidential. Should you want to dispute the third party claim on intellectual property and find it incorrect or false, you have the opportunity to file a counter notice with us that must be in clear detailed statements of why the complaint is wrong. This claim should include documents of licenses, text material, design, drawings, samples, graphical context and ownership rights in order to satisfy Threadiverse. This information submitted in regards to countering a 3rd party complaint should demonstrate that you the submitter of the design, have the right, title and interest including all intellectual property rights to your submission. Should Threadiverse in anyway is sued due to the submission, manufacturing and advertising of an alleged third party The decision to reinstate the design to Threadiverse will be solely up to Threadiverse and that decision will be final. Our desire is to have a fair decision made for both and all parties involved. Threadiverse is to be held harmless, and not to incur legal or attorney fees if litigation or an action is taken against Threadiverse by a third party. These fees are to be the responsibility of the submitting party or Artist who is or has submitted the work or works to Threadiverse. [insert parody under fair use]
2.2 The Artist understands and agrees to indemnify and hold indemnified Threadiverse against Intellectual Property, Copyright, or trademark infringements. That Threadiverse has no knowledge of the infringing work when the submitting party and/or Artist agrees to the Agreement by Threadiverse prior, upon and after submission. Should Threadiverse come under litigation and have to incur legal or attorney fees, suffer damages and or expenses from the alleged infringing submission, Threadiverse is not held accountable and the submitter or Artist that submitted the work or works is responsible for Threadiverse fees only regarding the fees accumulated by Threadiverse legal defense or attorney fees on the artist submitting the work. The artist is responsible for his or her own creation that is submitted to threadiverse for manufacturing, marketing, sale and publication.
3.2 The artist understands that he or she will, on request made by Threadiverse that any and all sources involved in the creation of the work and/or design including documents of title, design drawings and sketches, samples, graphical, graphical and text materials relating to the accepted work or works to satisfy Threadiverse that the artist has all rights, titles and interest including the Intellectual Property rights for and in the works.
3.3 Nothing residing in this agreement requires Threadiverse to accept works supplied to Threadiverse by the artist, and Threadiverse reserves the right to reject any design, works or art submitted to it without any specified or given reason. For the avoidance of doubt, the Artist submitting the design will only be entitled to receive royalties for the accepted works or designs which are accepted by Threadiverse in the Acceptance Notice. [Acceptance notice inside this agreement?]
3.4 If it should so happen that a work receives a more than acceptable number of votes during the voting period specified,(in addition to other criteria for selecting of the work/designs) and Threadiverse decides to use the submission, Threadiverse will send the Artist of the work an Acceptance Notice specifying the Accepted work. From the date Threadiverse accepts the work to the sales period the artist agrees that they will not make the design available to any similar or competing websites. This means that i will have to go outside of the sales period for other websites who sell this art, but gives me a slight advantage if i can secure unique art before others].
4.1 Should the design go on from the selection process to be printed after receiving sufficient votes the Artist grants rights to Threadiverse for a period of 14 days from the beginning of the agreed sales period exclusive, transferable, sub-licensable, irrevocable, worldwide license to sell, display and publish the Work on its Website and to use all Intellectual Property Rights in the Accepted Work, whether such Intellectual Property Rights are in existence prior or at the date of this Agreement or whether such rights come into existence in the future, and to incorporate any Accepted Work into the Products and to commercially exploit such Products and to authorize others to do any and all acts in relation to the Accepted Works throughout the world. After the 14 days of exclusive usage rights, Threadiverse is able to continue using the designs for sales and promotions and media usage. Artist and Designers still retain the rights to their designs to sell, promote, and use their works for whatever they want after the exclusive agreement timeframe is finished.
4.2 The Artist grants Threadiverse a non-exclusive, transferable, sub-licensable, irrevocable, perpetual, worldwide licence to display and publish the Accepted Work and any representations of any Products incorporating the Accepted Work on its Website in the “Previous Tees Section” and to use the Accepted Work and any representation of any Products incorporating the Work for promotional purposes.
4.3 The Artist also waives any moral rights and therefore grants to Threadiverse total and unlimited rights to use, modify and adapt the Works for all purposes (such as if we need to change colors in the design, size layout etc) and in any manner Threadiverse sees fit. Threadiverse agrees to use reasonable endeavors to identify the Artist as the creator of any Works and Accepted Works.
4.3 The Artist acknowledges and agrees that the licences in clause 4 are intended to be an effective licence of all rights in the Works. In the unlikely event that further documents are necessary to perfect the rights granted to Threadiverse here under, the Artist shall, at the direction and expense of Threadiverse, execute any and all further agreements, forms, deeds and any other documents of whatever nature, and do all such acts necessary to give full effect to the licence granted under clause 3.1 above and to provide such assistance as is necessary in the enforcement, exploitation and securing of such Intellectual Property Rights in any jurisdiction as required by Threadiverse.
5.1 With regards to the privileges granted under clause 3, Threadiverse will under the agreement, pay the Artist the royalties at a rate of $1 per product sold for the duration of the time the product is sold, plus and extra to cover extra stock printed in the event of replacement or exchange orders needed. The artist also agrees that Threadiverse selling any remaining products at a future date can be sold by Threadiverse along with any other remaining stock.
5.2 Payments due under clause 4.1 shall be made within 96-168 hours of the cessation of the sale of the Product on the Website.
5.3 The Artist will receive a screenshot of the sales page of the website showing how many products were sold during the period of sales for that product.
5.4 Threadiverse reserves its rights to withhold any payment of royalties to the artist in situations where it has to cease production for any reason whatsoever of products incorporated with the accepted work or where Threadiverse has to withdraw the work/products containing the accepted work for any reason. In situations where the royalty has already been paid to the artist, the artist upon request by Threadiverse, shall immediately refund the funds to Threadiverse and any Royalties payment which the Artist has received in respect of the Accepted Work in circumstances where Products containing the Accepted Work have, for whatever reason, had to be withdrawn from circulation.
6.1 Threadiverse for the sake of confirmation, decides all manufacturing, marketing and publication decisions dealing with the designs, work, works and/or products from the submitter and/or Artist. If a party or artist submits work and/or works that is copyrighted, a third parties intellectual property, or a complaint is filed by a third party, Threadiverse is indemnified from intellectual property rights violations by the artist and parties submitting the works. This meaning Threadiverse is not held responsible for an artist or parties design, art, and/or work or works submitted to Threadiverse for publication and is marketed, manufactured and/or sold by Threadiverse as a result of our process. Threadiverse will not be held responsible for third party claims and is indemnified completely and hold harmless thereof. Works submitted should fall under "fair use"
6.2 Threadiverse holds and reserves the right to make any amendments to the work/designs submitted or products in order to make sure the works fall in line with manufacturing, marketing requirements.
6.3 Threadiverse reserves the rights to make any and all decisions dealing with inking, colors, placement, design, embroidering and sizing of the submitted works.
6.4 Threadiverse reserves the right in its sole discretion to cease the sale of Products.
7.1 The Artist warrants that he or she is over the age of eighteen for submissions.
7.2 The artist warrants that the works submitted to Threadiverse under this Agreement is his or her own work and any part that is not the artist has the relevant consent and assignments and paperwork in place to confirm so.
You warrant to us that you have not, and that you will not, submit to Threadiverse any designs, artwork or other materials 1) that are prohibited by any applicable laws; 2) for which you do not have the right to grant us the licenses above; 3) that are not created by you; 4) that are owned, in whole or in part, by any other person or entity; 5) that defame or violate the rights of any person, including rights of publicity, personality, privacy, copyrights, intellectual property or otherwise; and 6) that include materials that are obscene, pornographic, offensive, or objectionable. You also warrant that you have the right to grant to Threadiverse the rights granted above, and that such rights do not conflict with the rights of any other person, party, entity or your obligations to them.
You warrant that you are 18 years of age or older and the author of the designs, artwork or other materials provided to us. and you agree to indemnify Threadiverse for any liabilities associated with later acts by you or your representatives in connection with the designs, artwork or other materials provided, including any attempt to disaffirm this Agreement at any point in the future. You agree that you and all of your legal guardians, successors, assigns, and representatives will be bound by all provisions contained in this Agreement.
For a clear understanding the artist also understands that he or she is and will be entitled to license to Threadiverse the intellectual property rights for the works/designs and/or products on the terms stated in clause 4.
7.3 The Artist agrees that the Works designs and/or products does not infringe any intellectual property rights of any third party.
7.4 The Artist agrees that the Work was not created in the course of his or her employment.
7.5 The Artist warrants and agrees that the Work/design-
7.5.1 Is not obscene, discriminatory or racist
7.5.2 Is not libelous, slanderous or defamatory;
7.5.3 Will not infringe upon any rights to privacy;
7.5.4 The designs, work or works submitted to Threadiverse do not infringe upon any 3rd party Intellectual Property Rights and is protected under U.S copyright's law of fair use.
7.6 The Artist warrants that the Work supplied is not subject to any third party agreement, arrangement or right (registered or unregistered) which would interfere with the licence being granted by the Artist to Threadiverse in clause 4.
7.7 The Artist agrees to Indemnify completely and hold harmless Threadiverse against all liabilities, costs, including all fees, legal costs, attorney fees claims, damages, and expenses which Threadiverse may suffer or incur in the event that he or she submitting any design, art, work or works to Threadiverse breaches clause 6.1 and/or clause 2.1 and/or 2.2 referenced above including but not limited to any liabilities, costs, including all fees, legal costs and attorney fees, claims, damages and expenses which Threadiverse may suffer or incur arising out of or in connection with any infringement action brought against Threadiverse due to the Artist’s breach or work and/work works submitted to Threadiverse that Breaches clause 6.1 and/or 2.1 or 2.2 covering Intellectual Property Rights.
The party that submits the work and/or works, to Threadiverse for manufacturing, marketing and publication, understands that should Threadiverse be sued or litigated against for intellectual property rights from any third party, the artist will be held responsible for any fees, legal, attorney or otherwise that result from the accusation from the third party. Threadiverse will not be accountable for any infringements of intellectual property rights, potential or otherwise. The party submitting works, designs, art and anything for publication, manufacturing or marketing understands that the works are submitted with the understanding that the submissions of design and/or art is owned outright by the party or artist submitting the work or works to Threadiverse.
You agree to indemnify, defend and hold harmless Threadiverse and its employees, representatives, and agents, from any and all expenses, damages, costs, and liabilities including attorneys' fees and litigation expenses, arising from or related to any claims, demands or proceedings initiated by any third party due to or arising out of your acts or omissions, including claims arising out of your breach of a warranty that you make in this Agreement.
You also understand and agree that Threadiverse cannot control the use that our customers make of our tee shirts, products, our Web site, or other items containing your design. If a Threadiverse customer or Web site users violates our rights or your rights, or claims are brought against you due to the conduct of a customer or user of our site, you agree to look solely to the customer or Web site user for damages or indemnity arising from or related to such uses or claims. You agree that Threadiverse has no obligation to monitor the use of or content of any tee shirts , design, comments, or other items obtained from our Web site and Threadiverse will have no liability to you for our failure to do so.
8.1 The Artist agrees to:
8.1.1 Keep all information(oral and written) concerning the business, dealings and affairs of Threadiverse that he or she will have obtained or received as a result of entering an agreement with Threadiverse, nor during the discussions between the parties leading up to the agreement.
8.1.2 Information derived or received from dealing with Threadiverse with regards to the operations, production and supply of the products and/or works will not be used nor shared by the submitter/artist for any reason. Including the benefit of his or her own gain, nor for the benefit of any third party.
8.2. The provisions of clause 8.1 above shall not apply to the whole or any part of the Information to the extent that it is trivial or obvious already in the other’s possession other than as a result of a breach of this clause or in the public domain.
8.3. The artist/design submitter agrees that while working with Threadiverse he or she will not violate the terms of the license granted in clause 4 or grant any licence or assignment in respect of the work which would conflict with licenses granted under clause 4 or otherwise conflict nor interfere with Threadiverse commercial interest.
8.4. The Artist/Submit-or during the term of this agreement shall not use the website nor any of Threadiverse branded social media pages and URL's to promote any competitors of Threadiverse comprised of any business or website which licenses the products/art or any similar works.
8.5. Clause 8 will not prevent artist/designers from adding their own works to their respective portfolios.
9.1 This Agreement shall continue until terminated in accordance with this clause 8.
8.2 This Agreement may,be terminated and a written notice will be sent out if any of the following is committed by either party;
9.2.1 commits a substantial breach of any of its obligations under this Agreement and has not remedied the breach within 12 hours of receiving a written notice of the breach from the other party; or
9.2.2 has become bankrupt or entered into liquidation except for the purpose of amalgamation or restructuring while solvent or had received and/or manager or examiner or administrator appointed in respect of its assets or any part thereof or it enters into any composition or arrangement with creditors generally or anything analogous under the laws of any country where the Artist is incorporated or resides or is domiciled.
9.3 Threadiverse may terminate this Agreement at any time the company so desires by giving 24 hours notice in writing.
10.1 This agreement shall bestow the benefit of and be binding to Artist heirs and successors in title executors and assignees/assigns.
10.2 This Agreement applies to the entire agreement between the parties and supersedes all prior written and oral arrangements, agreements and understandings.
10.3 This Agreement shall not be varied or amended and no provision shall be deemed waived by any act, omission or acceptance of either party except in writing signed by both parties.
10.4. The Artist agrees that while working with Threadiverse he or she will be engaged on a freelance independent contractor basis and will not be a partner or employee. Nothing from this agreement states or binds the artist to an agency agreement nor partnership between parties.
10.5. If any term of this Agreement shall be found illegal, unenforceable or otherwise invalid, then, notwithstanding any such invalidity, the Agreement shall remain in full force and effect and such term shall be deemed to be deleted.
10.6 This Agreement shall be governed by and construed in accordance with U.S law.
10.7 The Artist acknowledges that while not required, he or she has been advised by Threadiverse to take suitable legal council from a lawyer prior to this agreement.
10.8 The artist agrees that he or she will be held liable for handling his or her own taxes or anything regarding such. The artist also agrees that Threadiverse is held harmless against any taxes, cost, charges, claims or thereof imposed by any taxation authority on respect of the relationship between Threadiverse and the Artist in this business agreement.
Threadiverse will require you to scale your designs, color, dimensions and pi to the requirements needed for the best prints possible.
COLOR AMOUNT AND FILE SPECS
There is no limit to the number of colors, and the number of colors doesn't really affect print quality, because it is a CMYK 4-color process.
Transparent PNG is the best file format, when trimmed of excess blank transparency, it should be 2400-3000 pixels in width. You will retain the rights to your design before and after the sale of your shirt. Please send your best designs to us, as the more you do so the better we can assist with all submissions, designers and artist on growing and getting the attention, support, and compensation artist really deserve. If you help us, it gives us the power to help you.
We love our artists and designs, and we love you. We want everyone involved to get something substantial from our existence, otherwise if we don't try our best to do right by you, there is no reason for us.
|Body Length Tolerance||1||1||1||1||1||1|
|Body Width Tolerance||3/4||3/4||3/4||3/4||3/4||3/4|
|Body Length||20 1/2||22||23 1/2||25||26 1/2|
|Body Length Tolerance||1/2||1/2||1/2||1/2||1/2|
|Body Width Tolerance||1/2||1/2||1/2||1/2||1/2|