Artist Presentation Agreement

Background

If You want Us to present Your Media on Our Site, You agree to the terms of this Agreement which describes Our rights to Use Your Artwork and Your compensation for it.

Definitions

1. "Agreement" means this Artist Presentation Agreement and the Terms of Use Agreement.
2. "Top Texture", "Us", "We" or "Our" means the company Industrial Parts Ltd, registered in Bulgaria with VAT number 131527247.
3. "You" or "Your" refers to you or any other entity on behalf of which you have full legal authority to act and accept this Agreement.
4. "Intellectual Property Rights" means copyright, patents, registered designs, trademarks (registered or not), trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
5. "Media" means images, textures, illustrations, vectors, films, videos, animations or other visual, audio, text or other media offered for distribution through the Site in any form and variation.
6. "Artwork" means any content that You submit to Us.
7. "Submission Date" means the date on which You upload or provide the Artwork to Us in another way.
8. "Site" means the website hosted with domain name toptexture.com and its subdomains.
9. "License Agreement" means the Terms of Use on the Site.
10. "Licensed Media" means Media You are licensed to Use in terms of the License Agreement.
11. "Use" in regards to the Media and Artwork means to display, reproduce, publish, broadcast, transmit, alter, adapt and / or create derivative works from the Media or Artwork.

Agreement

1. By submitting Artwork to Us either through upload to the Site or in any other way, You agree to the terms of this Agreement.
2. This is not a one time or catch-all agreement. For each individual Artwork submission You enter into a new Artist Presentation Agreement for that Artwork.

Submission

1. You may submit Artwork to Us using the contact form on Our Site by providing the following data:
   1. Your full name;
   2. Your pseudonim or nickname as an artist (optional);
   3. Your country of residence;
   4. Link to Your website;
   5. Concise information about Your work and how it relates to Top Texture. Tell us anything You feel relevant.
   6. Link(s) to Your downloadable Artwork.
   7. We must also receive from You reference to the Media on Our Site that is used in Your Artwork.
2. Requirements. Your Artwork:
   1. May include static images or video which You make available to Us for download in a common format such as JPG, AVI and similar. We will not accept files in Flash, binary executable, scripts and any too specific or non-graphic formats. The format should be web-friendly;
   2. Must be of decent technical quality. We will not accept overly compressed or otherwise low quality Artwork;
   3. Must be clean of any harmful or potentially unsafe code or content, virus, malware and the like;
   4. May not include excessive watermarking or branding;
   5. Must feature primarily Licensed Media from Our Site. It can also include other content of Your or from other sources but the main focus should be clearly on Our Media in original or modified form;
   6. Must be Yours. You warrant that You are the owner of the Intellectual Property Rights in the Artwork, or that You are authorised by the owner to enter into this Agreement;
   7. May not feature inappropriate content including but not limited to pornography, overly sexual material, abuse, propaganda, defame, violence, unlawful material, feature copyrighted material of third parties such as trade marks and similar, any other Artwork which We (acting reasonably) consider potentially sensitive, controversial or otherwise unacceptable.
   8. You warrant that all necessary model and/or property releases have been obtained and filled in correctly for unlimited Use of the Artwork by You.

Acceptance

1. We will review all Artwork that You submit to Us. If We consider it appropriate We will publish it on Our Site, including Your name as an author and the information sent to Us by You if relevant. We may ask You to edit certain parts of Your submission if We find any language or other mistakes. We may also accept to publish only parts of the Artwork.
2. We are under no duty to accept Artwork that You provide to Us. We reserve the right no to do so if the Artwork is not up to Our standards or otherwise at Our discretion.
3. For all Artwork We publish on the Site You grant Us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to Use it starting from the date of Your submission of Artwork to Us. You still retain Your Intellectual Property Rights for the Artwork.
4. Social Networks.
   1. Due to specific terms of third party networks or sites, We may not publish directly Your Artwork on third party sites without Your express permission. However, Our Site pages on which Your Artwork is published may receive social interactions such as comments, likes or shares by Our Site visitors or by Us.
   2. If You wish Your work to gain more publicity and want Your Artwork to be featured also on Our social pages You must include the following text in your submission email:

      "I, [YOUR FULL NAME], specifically give my express additional permission my Artwork to be published on any of the social network pages of Top Texture."

Exclusivity

We don't guarantee exclusivity of presentation by default and any publication may also include Artwork from other artists. We also don't guarantee any publication date, number of impressions or time frame for visibility.

Termination

1. In case You breach this Agreement, We may terminate it without notice to You in which case We may remove the Artwork from the Site and invalidate the coupon code. If You have already used the coupon code, You will refund Us with the full amount of the purchase order for which You used the coupon code and any License Agreements related to Your order will be deemed invalid.
2. We reserve the right to claim damages for breach or copyright infringement even after termination of this Agreement.

Relationship

Nothing in this Agreement will constitute the relationship of employer and employee, partnership or a joint venture between You and Us.

Limitation of Liability and Indemnity

Under any and all circumstances You will hold harmless and indemnify Us and our affiliates, officers, agents, and employees from any claim, suit or action arising from or related this Agreement, or from Your breach of any of its terms, or from infringement of a third party's Intellectual Property Rights or rights of privacy. This also includes all liability or expense that We might suffer arising from claims, losses, damages, suits, judgments, litigation costs, attorneys' fees and any other legal costs.