Artist Terms and Conditions
Artist Terms and Conditions
Thank you for submitting your design to Thread Mail Designs and Catalyst Promotions (“Thread Mail Designs”). Our review of your submission is conditioned on your understanding and agreement to the following provisions as of January 16, 2019:
1. Grant of License
You retain all of your ownership rights in your design (“Artist Submission”); however, by submitting your Artist Submission you hereby grant Thread Mail Designs a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform your design, including but not limited to promoting and redistributing part or all of the Artist Submission (and derivative works thereof) in any media now known or hereafter developed. Such use will be royalty-free except for the compensation described in Paragraph Six of this agreement. You also hereby waive any moral rights you may have in your Artist Submissions under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your design, and your username or your actual name (according to the preferences you select at the time that you submit) along with your Artist Submission. You acknowledge that the posting of your Artist Submission for any period of time is sufficient consideration for the license granted herein to Thread Mail Designs.
2. Revocation of License
You may revoke your license in writing at any time subject to two limitations: You may not revoke your license for 30 days from the date of submission nor may you revoke your license after you have been notified that the design will be printed. (This 30 day limitation does not apply to copyright disputes. Any copyright concerns will be dealt with according to paragraph 3 of this agreement.) After the design has been printed, you may revoke your license to prevent any future use of your design by Thread Mail Designs. However, any outstanding orders made prior to the revoking of the license will be fulfilled as planned before use is discontinued.
3. Representations and Warranties
By submitting the Artist Submission, you represent and warrant that: you own or control the rights necessary to enter into this Agreement; there is no legal impediment of any kind known to you which conflicts with this Agreement or might limit, restrict or impair the rights assigned or granted to Thread Mail Designs; the design is your original product, in the public domain, or otherwise owned or controlled by you; and the design does not violate any law or infringe upon any intellectual property right, right of privacy or publicity or other proprietary right of any third party. In the event that a copyright issue is raised (through a cease and desist letter, for example), the art in question will be removed temporarily from the website within 24 hours of the receipt of the notice, and at that time the artist will be sent a copy of the notice received by Thread Mail Designs via the email provided during the submission process. The issue will be discussed with the artist as soon as possible, then the art will either be removed permanently from use by Thread Mail Designs or be reinstated at the artist’s discretion. Thread Mail Designs does reserve the right to remove the design permanently if they feel the design does infringe on an existing copyright, as stated in paragraph 5 of this agreement.
You agree to indemnify Thread Mail Designs and its officers and employees from and against any and all claims related to your Artist Submission. Specifically, you agree to defend, indemnify and hold harmless Thread Mail Designs, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Thread Mail Designs, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (ii) any claim that one of your Artist Submissions caused damage to a third party.)
5. Design Selection Process
Submissions to Thread Mail Designs are reviewed on a weekly basis. If Thread Mail Designs does not select artwork during the week in which it was submitted, the design may still be considered for selection in the upcoming weeks. Once Thread Mail Designs has determined a design will not be selected for the Site, you, the artist, will be notified. If Thread Mail Designs chooses to feature your design on the Site for sale on garments, you will be notified via the e-mail you provided during submission. By choosing your design, Thread Mail Designs makes no guarantee of any volume of sales nor does it constitute a promise that your design will, in fact, be featured. Thread Mail Designs reserves the right to reverse the decision to feature your design for any or no reason at all. Thread Mail Designs also reserves the right to modify features of your design, such as the color or size as Thread Mail Designs may deem necessary for production.
In the event that your design is chosen and featured on the Site, your design will be for sale on garments and potentially other items for at least 2 weeks. However, Thread Mail Designs reserves the right to remove your design, without your prior consent or knowledge, if Thread Mail Designs is notified that your design infringes on a third party’s copyright. For each garment or item sold bearing your design idea, Thread Mail Designs will pay you 10% of total revenue from such sale (exclusive of any discounts, coupons, taxes or shipping costs). By submitting your design idea, you understand that Thread Mail Designs will only print the number of garments or items sold plus 1 tee or item for the artist (after the first 10 shirts are sold) and at least 1 tee or item for the Thread Mail Designs archive. Thread Mail Designs will contact you, via the e-mail you provided upon submission, indicating the number of garments or items sold bearing your design and 10% of the total revenue from such sales (exclusive of any discounts, coupons, taxes or shipping costs). If Thread Mail Designs or any sub-licensee of Thread Mail Designs chooses to sell additional garments or other items bearing the Artist Submission, Thread Mail Designs will pay you 10% of total revenue (exclusive of any discounts, coupons, taxes or shipping costs) for every item sold. Payments will be made on a bi-weekly basis. (Payroll dates will be the same as our employees payroll schedule.)