Version 2 June 2014
By registering for an artist account on Kuvva Market Place and submitting artwork to the Kuvva Market Place you certify, accept and/or agree, as part of an agreement with Present Plus BV that
- you are the original maker and copyright holder of the artwork you submit as part of the Kuvva Market Place artwork license service (‘Kuvva Market Place’);
- you have the right to grant Present Plus BV, the legal entity that provides Kuvva Market Place, a non-exclusive, worldwide, transferable license, including the right to sublicense to Kuvva Market Place users (‘License’), under the conditions as explained in this agreement;
- by submitting an artwork to Kuvva Market Place you provide a License for this artwork to Present Plus under this agreement. You remain the copyright holder of the artwork you submit. Present Plus does not claim a license for artwork you have not submitted to Kuvva Market Place;
- Present Plus reserves the right to select which of your artwork is made available on Kuvva Market Place;
The non-exclusive worldwide license includes
- the right for Present Plus to use the artwork to provide and promote Kuvva Market Place as it sees fit;
- the right for Present Plus to sublicense artwork to Kuvva Market Place users for use;
- in all media, analogue and digital, such as publications in books, magazines, websites, poster sites and newspapers and covers thereof , unless marked 'editorial use only' when submitting Kuvva Market Place
- in any country, for up to two years for non-editorial purposes and indefinitely for editorial purposes;
- in making adaptations, comprising of; crops, resizes, black and white versions only.
The license does not include the right for Present Plus to sublicense artwork to Kuvva Market Place users;
- to falsely claim or imply to be the copyright holder or creator of your artwork, to sublicensed the artwork to others, or to make the artwork available to the public in a digital format;
- to use in merchandise or products for distribution and/or sale. Merchandise includes print on demand products, t-shirts, mugs, posters, postcards, mobile phone covers, computer skins, and other items.
- to use in or combination with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any rights, including third party's trademark or intellectual property rights;
- to use your artwork (in whole or in parts) as a trademark, service mark, logo;
- to alter colours or make cut outs of the original image;
- To produce any content that promotes hatred or violence towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.
You agree to waive your moral rights in so far as agreeing to withhold objection to the omission of attribution.
For each time Kuvva Market Place sublicenses your artwork/artwork featured on Kuvva Market Place you will receive a 50% compensation over the ‘on website retail’ price. Present Plus will transfer your compensation to the bank account number you have specified in your account monthly. Present Plus will not make any deductions, withholdings or payments for your tax, social security or other obligations.
You can terminate the agreement at any time after the initial 30 days, with respect of a 30 day notification period, by means of terminating your account at Kuvva Market Place written notice to Present Plus on the email address or postal address. Present Plus can terminate this agreement for any reason with a 30 days prior written notice by email at the most recent email address contained in your account. After termination of the agreement, your artwork will be made unavailable for Kuvva Market Place within 30 days. Termination of the account does not alter or affect the rights granted in relation to sub-licenses issued before the date of termination or during the transitional period. Present Plus will continue to pay compensation for the sublicenses granted to customers during the transitional period.
4. Indemnity and limitation of liability
You will defend, indemnify and hold harmless Present Plus, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or your violation of this agreement, including any third party claims that Artwork submitted to the Website by You infringe or violate any third party rights. This limitation of liability does not intend to exclude Present Plus’ liability for the intentional and/or deliberate recklessness of Present Plus employees (“their own acts”) and/or the management of Present Plus. In no event will Present Plus be liable to you or to any third party for any damages arising out of use of the Website, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Present Plus has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Present Plus will not accept any liability for damage as a result of an attributable failure in the performance of this agreement or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Website and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Present Plus is liable for damage under mandatory law, Present Plus’s aggregate liability to you for any and all claims arising out of or in connection with Kuvva Market Place will in no event exceed the total amount of compensation you received from Present Plus in relation to Kuvva Market Place.
5. Controlling law and jurisdiction
These rights and obligations arising out of or in connection to this Agreement shall be construed, governed, interpreted and enforced according to the laws of the Netherlands. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Amsterdam, the Netherlands, unless stipulated otherwise by mandatory Dutch or international laws. You waive any objection to jurisdiction and venue in the courts of the Netherlands.
- If you have any questions about or concerns relating to this Agreement, contact us at firstname.lastname@example.org or call +31 (0)20 8 934 333