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Contributor’s Terms and Conditions

Music-Artwork.com is the largest collection of high artistic quality artworks for music releases and we are extremely proud of this. All artworks are designed by professionals exclusively for our website and are 100% ready for major streaming services.

We (EXCESS LTD, a Greek corporation, hereinafter the “Company”) operate this website at music-artwork.com (hereinafter the “Site”) with the goal of celebrating and fostering musicians’ creativity and also enabling contributors from all over the world to share and sell their original work. 

A Contributor is considered an artist that provides their artwork to the Company exclusively in order to be published and be available for sale on this Site.

This page contains important information about the legal rights and obligations of a Contributor that agrees and accepts the publishing of their Cover (as defined below) on the Site and any time they use this Site.

Contributors’ use of this Site to share their original artwork, and our provision of this service to Contributors, i.e. to publish their artwork on our Site (hereinafter the “Service”), constitutes an agreement (hereinafter the “Agreement”) between us and the Contributors to be bound by the terms and conditions in these Contributor’s Terms and Conditions. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING OUR SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS DESCRIBED IN THE AGREEMENT BELOW

PARTIES to the Agreement:

(1) the Cover artist, a natural person or legal entity, who provides their artwork to us exclusively in order to be published and be available for sale via this Site (Contributor)

(2) the Company that provides the Service to the Contributor, i.e. that publishes the artwork in its site (Company)


BACKGROUND

(A) The Company provides to the users of music-artwork.com covers for albums, podcasts, books, etc, (hereinafter the “Cover” or the “Covers”) consisting of one or more images or artworks available to purchase. These Covers are available to purchase via this Site run by the Company.

(B) The Covers are designed by the Contributor who wishes publish their artwork in the Site for their sale and promotion on the terms and conditions set out in this agreement.

It is therefore agreed as follows:

1 / Definitions and Interpretation

1.1 The definitions and rules of interpretation in this clause apply in this Agreement and 

Commencement Date means the date the Contributor receives the confirmation email from the Company that their Cover will be published and available for sale on the Site.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Covers means creations designed by the Contributor, consisting of artwork of one or more images, to be used as a cover for a music album, a book, a podcast, etc., purchased by prospective artists or other interested persons, and which the Contributor permits the Company to publish in the Site.

Fee or Contributor’s Fee means the fee that the Company and the Contributor agree in writing (following the Contributor’s suggestion and parties’ negotiation) that the Contributor will be paid in case his/her Cover is sold. This fee includes VAT, taxes or any other charges.

Price means the price of the Cover that the Company deems appropriate for the Cover to be available for sale via the Site. 

Site means www.music-artwork.com.

1.2 Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.

1.3 A person includes a natural person or a legal entity.

1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.6 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.


2 / COMPANY’S RIGHTS

2.1 The Contributor grants the Company and the Company has the right to publish the Contributor’s Cover(s) in the Site on the terms of this agreement. In particular, the Company has the right to display the products electronically on the Site in any way they see fit and to advertise and promote the Cover(s) in any way for sale as a music album, podcast or book cover. However, the Company is not obliged to advertise or promote the Cover(s), nor is responsible in any way to ensure the purchase or not of the Cover(s).

2.2 The Company has the right to publish a Cover at its own discretion. Especially, the Company may not publish a Cover that is not undoubtedly original.

2.3 The Company reserves the right to withdraw a Cover without cause and without informing the Contributor.

2.4. The Company may change the Price of a Cover without informing the Contributor. 

2.5. The Company may at times decide to offer discount to its customers on the Price of a Cover, without Contributor’s consent. 

2.6. The Company has the right to add text (artist name, title etc) on the Cover or make small edits if needed, without Contributor’s consent.


3 / COMPANY’S OBLIGATIONS

3.1 The Company will keep full and proper books of accounts and records showing clearly all enquiries, quotations, transactions relating to the Cover(s).

3.2 The Company will inform the Contributor immediately of any changes in ownership or control of the Company and of any change in its organization or method of doing business that might be expected to affect the performance of the Company’s duties in this Agreement.

3.3. The Company ensures that will not make available the submitted Covers to any third person, but solely to the one and only purchaser.

3.4. The Company is obliged to remove a Cover from its published collection and/or erase it from its database, at the request of the Contributor.


4 / CONTRIBUTOR’S OBLIGATIONS

4.1 The Contributor is solely responsible and ensures the Company that the Contributor owns all and any Intellectual Property rights related to the Cover(s), including indicatively but not exclusively to images, photos, vectors, etc that have been used for the creation of the Cover. 

4.2 The Contributor will ensure that there is no infringement or unauthorised use of any Intellectual Property in any of the Cover(s) provided to the Company and any activities of the Contributor whatsoever do not infringe the Intellectual Property Rights of any third party.

4.3 The Contributor undertakes that in case the Cover is not created solely by artwork / images made exclusively by the Contributor, the Contributor has made use either of legally purchased material (images, photos, vectors, etc) with the right to sell the artwork created with this material or with the use of free material with the right to sell the artwork created. In any case the material used in the Cover shall be suitable for commercial and non-commercial purposes and without need of license to use it.

4.4 The Contributor grants the Company with the exclusive right to publish the Cover(s) in the Site and ensures the Company that the Cover(s) has not been published in the past or will be published elsewhere in the future. In case the Company is informed that a Cover published in the Site has been published, used or appeared elsewhere, apart from this Site or the purchaser, the Company bears no responsibility. The Contributor has full and sole responsibility towards the purchaser and indemnifies the Company from any responsibility towards the purchaser.

4.5 The Contributor will supply all copy licenses to the Company on request including all license information, agency names, picture code number, image sales orders and invoice numbers.

4.6 Where the artwork / images used in the Cover(s) is from other sources the Contributor will upon request provide information as to its origin to the Company.

4.7 The Contributor is obliged to submit original designs as Covers. The usage of unaltered stock photography or artwork is strictly prohibited. The Cover must be an original design. The usage of minor changes like filters, colors and cropping does not imply that the Cover can be considered an original design. If the Cover is not original, the Contributor is the only responsible for any breach that may occur.

4.8 The Contributor agrees that a Cover shall be sold solely to one and only purchaser. 

4.9 The Contributor agrees that when a Cover is being sold, all intellectual property rights related to it are being transferred to the purchaser, who, from this time on, has the exclusive right to use the file for any personal, business or commercial purpose according to the License Agreement

4.10 All submitted content must be in optimal quality and intended for professional commercial use. The final, high resolution file must not be blurry, or pixelated. If a submitted artwork is chosen by our curators and the high resolution image we get is of a poor quality, it will not be accepted. If the artwork is accepted, the Company will ask you to provide files with certain requirements.

4.11 The Contributor must be able to provide the Company with an invoice at any time in order to get paid.

4.12 The Contributor undertakes the obligation to provide the Company with true and accurate contact details and agrees that the Company may share these details with the purchaser, in case of breach of this Agreement and especially in case of breach clause 4. 

4.13 In addition to the Company’s protection at clause 7.2 the Contributor undertakes to exclude completely any liability to the Company for any breach of the above clause 4.


5 / FEE, PRICE AND PAYMENT

5.1 On submission for publishing in line with Clause 2, the Contributor shall suggest the desired fee to the Company and after negotiation, both Parties will agree in writing on the Fee. 

5.2 The Company defines the Price of a Cover at its discretion. The Price of each Cover may vary according to the Company’s discretion. 

5.3 The Company retains the right to alter the Price at any time and without reason, without Contributor’s consent or without informing the Contributor. This change does not affect the Contributor’s Fee. However, in case of a discount according to Clause 2.5, the Contributor’s Fee shall be reduced pro rata, according to the discount offered and irrespectively of the Price formed after the discount.

5.4 On the sale, and not before the sale, of a Cover, the Company will pay to the Contributor the Fee that has been agreed in writing between the Company and the Contributor, before the Cover has been published for sale on the Site. 

5.5 Payment is made to the Contributor within ten (10) working days after the sale of a Cover. Any payment fees will burden exclusively the Contributor.

5.6 Payment is made to the Contributor’s bank account / IBAN or via Paypal, according to the details the Contributor has provided with the Company. The Company is not liable in case the Contributor has provided incorrect details.

5.6 Any and all expenses, costs and charges incurred by the Company in the performance of its obligations under this agreement shall be paid by the Contributor, unless the Company has expressly agreed in advance in writing to pay such expenses, costs and charges.



6 / TERMINATION

6.1 This Agreement takes effect on the Commencement Date and continues indefinitely after that until terminated on the following grounds:

6.1.1 The Contributor can terminate this Agreement by giving fourteen (14) working days written notice to the Company.

6.1.2 The Company may terminate this Agreement immediately and at any time if the Contributor:

6.1.2.1 commits a breach of any term of this Agreement and fails to remedy that breach within 7 days or

6.1.2.2 acts in a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement


7 / LIMITATION OF LIABILITY

7.1 Neither party excludes or limits liability to the other party for:

7.1.1 Fraud or fraudulent misrepresentation;

7.1.2 Death or personal injury caused by negligence;

7.1.3 A breach of any obligations under Greek Civil Code; or

71.4 Any matter in respect of which it would be unlawful for the parties to exclude liability.

7.2 The Company shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:

7.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;

7.2.2 any loss or corruption (whether direct or indirect) of data or information;

7.2.3 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or

7.2.4 any loss or liability (whether direct or indirect) under or in relation to any other contract.


8 / FORCE MAJEURE

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.


9 / DATA PROTECTION

Each Party agrees that, in the performance of their respective obligations under this Agreement, it shall comply with the provisions of the Privacy and Electronic (EC Directive) Law 2003; any legislation which implement Directive 95/46/EC and the General Data Protection Regulation (GDPR) (together “Data Protection Law”) to the extent it applies to each of them.


10 / CONFIDENTIALITY

Neither of the Parties to this Agreement shall divulge or communicate to any person (other than to an officer or professional adviser or as may be required by law) or use or exploit for any purpose whatsoever any trade secrets or confidential knowledge or information or any financial or trading information relating to the other Parties which the relevant Party may have received or obtained as a result of entering into this Agreement.


11 / WAIVER

No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.


12 / REMEDIES

Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.


13 / ENTIRE AGREEMENT

13.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.

13.2 Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.

13.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.


14 / VARIATION

Except as expressly provided in this Agreement, no variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).


15 / SEVERANCE

15.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

15.2 If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.


16 / NO PARTNERSHIP OR AGENCY

16.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

16.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.


17 / THIRD PARTY RIGHTS

A person who is not a party to this agreement shall not have any rights to enforce any term of this agreement.


18 / GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Greek Law.


19 / JURISDICTION

Each party irrevocably agrees that the courts of Athens, Greece shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

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