The follow information provides you (Content Provider) information about the sale and management of the Additional Use Image License (also referred to as the Art File). The Art File may simply be the original source document you provided for your business card template or you may supply a high resolution image file.
*This portion of the document governs how a customer is allowed to use the artwork (also referred to as Image and Content) purchased at the time of placing their business card order.
Rules Governing Additional Uses of All Images
When a customer purchases an Art File and agrees to the Additional Use Image License, they receive non-exclusive, non-transferable use of the artwork as follows:
The artwork may be used for advertising and promotional purposes only such as:
- Film and video presentations
- Printed materials - letterhead, envelopes, and brochures.
- Product packaging
The customer may not use the artwork for any of the following:
- Products for resale, license, or other distribution.
- For pornographic, unlawful, or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, and cultures.
- To endorse products and services if it depicts a recognizable person.
- In a way that may defame the Content Provider, CCA, or the person(s) depicted on the image.
- SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!
- To sell or distribute website templates.
- To create printed reproductions intended for resell.
- To create "print on demand" items such as t-shirts, postcards, business cards, mouse pads, mugs or on any similar mass produced item that would contain the Image in any way.
Payment to Content Providers for the Sale of Art Files Governed by the Additional Use Image Licensing Agreement
Content Providers will be paid $20 for the sale of the art file (in addition to the $5 for the sale of the business card template). Payments will be made via PayPal (or other arranged method based on individual need) on the third (3rd) Wednesday of every month.
Color Card Administrator, Inc. reserves the right to modify the Additional Use Image Licensing Agreement and Payment Schedule at any time. If this agreement is modified, all Content Providers shall be notified through the email address provided to us.
Since CCA does NOT require a written model release for each Image that has identifiable people on it, we cannot guarantee the use of the Image for any purpose(s) you wish. Also, if there is a model release for the Image, CCA does not represent or make warranties whatsoever as to the legality or validity of any model release.
Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks, etc. and may require the consent of a third party or the license of these rights. CCA does not grant, represent, or make any warranties that it owns or licenses any of the mentioned. It's solely your responsibility to make sure that you have all the necessary rights, consents, and licenses for the use of the Image.
You acknowledge that by merely possessing an Image, the ownership does not get transferred to you and you may not claim it as your own. Your license is non-transferable, which means that you are not given the right to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work you create with the Image must be used either by yourself or by your client. You also warrant that you will do your best to prevent third parties from duplicating the Image.
CCA cannot be held responsible for any type of copyright violations, and cannot guarantee the legality of the Images stored in its system. You use the Image(s) at your own risk!
You agree to indemnify, defend, and hold harmless CCA and its officers, employees, shareholders, directors, and suppliers against all claims, liability, damages, costs, and expenses, including legal fees and expenses, that may arise out of, or related to, the use of any Image. You also agree to indemnify CCA and its officers, employees, shareholders, directors, artists, and suppliers should you breach any part of this agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
Warranty and Liability
CCA's WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". NO WARRANTY IS OFFERED, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CCA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
CCA WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, LOST PROFITS, OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.
Agreement to Mediate Disputes
In the event that any dispute arises between the parties in relation to this Agreement, or out of this Agreement, and the dispute is not resolved by negotiation, the parties agree to submit the dispute to mediation. The parties further agree that their participation in mediation is a condition precedent to any party pursuing any other available remedy in relation to the dispute.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego California, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. Allocation of Fees and Costs: Both parties agree to pay for their own legal expenses and share in all arbitration fees.