Terms of service

  

Artists/photographers (hereinafter called “the Artist”), may publish their art/photography (hereinafter referred to as Artwork/s) on www.theonlineprintgallery.com. By doing so, the Artist consent to the following Terms and Conditions as written by Birdy Publications Ltd (hereinafter called the Licensee).  

WHEREAS:          A. The Licensee operates a business selling high quality reproductions of original works of art.

1. The Artist is the creator of original works of visual art and is willing to licence the reproduction of certain artworks to the Licensee on the terms herein contained.

IT IS HEREBY AGREED as follows:

Licence 

1. The Artist hereby grants to the Licensee a licence to do any and all of the following things in relation to the works of art and/or photography specified in the First Schedule hereto (“the Artworks”):

1. a) To reproduce the Artworks as part of the Licensee’s inventory, in the manner described in clause 2 below.

1. b) To advertise for sale and to sell such reproductions to the public.

1. The Artist acknowledges that, the Licence herein being a Licence, the Artist can appoint another agent or third party to exercise any of the rights hereby granted in respect of the Artworks.

Manner of Reproduction

1. a) All reproductions for sale shall be Giclée onto printing canvas, stretched canvas or archival paper, or budget poster, greeting cards, post cards and any other manner of gift item. All such reproductions shall be in full colour, and shall be full size. In some circumstances where the proportions of the print material has limitations, the Artwork may require cropping.
2. b) The Licensee shall however be at liberty to make and publish (including on its website) reduced size copies of the Artworks for the purpose only of advertising the sale of the reproductions. In the case of online advertising, the copies shall be low resolution copies. Intellectual property 

1. The ownership of the original Artworks, and the copyright therein shall remain vested in the Artist, subject to the terms of this Agreement. No rights in the Artworks, other than those herein licensed, shall be exercised by the Licensee Sale of original work

The Territory

1. The rights hereby granted may be exercised by the Licensee in any part of the world.

The Term

1. Subject to the termination provisions contained at clause 13 below, the term of this Agreement shall be as long as the Artist is a published member of The Online Print Gallery, starting from the date of this agreement. The Artist can request to unpublish their Artworks at any time in writing, whereby, the Artworks will be removed within 5 working days. 

Obligations of the Licensee  

1. The Licensee shall, during the term of this Agreement, actively promote the sale of reproductions of the Artworks, and in general shall seek to exercise the rights hereby granted to the advantage of both parties. 

Sale Price

1. The Licensor shall be at liberty to fix the sale price of the reproductions.

Royalties

1. a) The Licensee shall pay the Licensor a fixed amount per sale (as stated on the www.theonlineprintgallery.com website. This amount will vary based on the sale of each reproduction of the Artworks.

1. b) The Licensee shall keep proper records of all income earned in connection with the Artworks, and shall account to the Artist, at the same time discharging all monies then due to the Artist by the Licensee. 

1. c) The Licensee shall, upon 14 days notice, permit the Artist to inspect all records of the Licensee relating to the exercise of the rights hereby granted.

Warranty and Indemnity 

1. The Artist warrants that he or she is the creator of the original Artworks; that all rights, including the copyright, in the said works are vested exclusively in the Artist; that the Artist has full right and authority to enter into this Agreement; and that the use of the Artworks in the manner envisaged by this Agreement will not to the knowledge of the Artist infringe the rights of any third party. The Artist further indemnifies the Licensee against all costs demands claims and proceedings arising in connection with a breach of this warranty. The provisions of this clause shall survive termination of this Agreement.

Moral Rights

1. The Licensee undertakes to respect and observe the Artist’s moral rights of paternity (the right to be identified as the creator of the work) and integrity (the right to preserve the work from derogatory mutilation and distortion. 

Termination

1. (i) This Agreement may be terminated by either party, on giving 2 weeks notice in writing by email or letter to the other

(ii) This Agreement may be terminated by either party in the event of a material breach of the terms hereof by the other party 

(iii) Termination shall be without prejudice to the right of either party to redress for any antecedent breach of this Agreement

(v) Upon termination of this Agreement, whether through expiration of the term hereby granted or for any other reason, the Licensee shall cease to exercise the rights hereby granted, and shall delete all records of digital files of the Artworks. The membership of the Artist will closed once the last remaining sale has been made (no later than the date the Licensee confirms the request to cancel the Agreement as originated by either party). 

Successors

1. This Agreement shall ensure to the benefit of and shall bind the parties hereto, and (in the case of the Artist) his or her executors and assigns, and (in the case of the Licensee) its successors and assigns.

Confidentiality

1. The Artist agrees to keep confidential the terms of this Agreement.

Content

16. Pornographic, racist, knock-off (impersonation of other artists), suicide/self-injury, violent, harmful or content of an otherwise hateful or harassing nature is STRICTLY forbidden. An artists or photography attempting to submit such work will be banned from www.theonlineprintgallery.com and its platforms.

General

17.1 This Agreement is personal to the parties hereto and may not be assigned by either party without the prior written consent of the other party.

17.2 Any notice to be given pursuant to the terms of this Agreement shall be sent by registered post to the recipient thereof at the address specified on page 1 of this agreement, or such other address as may have been notified to the party giving the notice.

17.3 The parties agree to mediate any dispute arising between them relating to the terms of this Agreement, using a single mediator acceptable to both parties.

17.4 Any amendment to this Agreement shall be in writing signed by both parties hereto.

17.5 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.