Arts & Humanities Bainbridge – Artist Marketplace Terms & Conditions

Thank you for your interest in participating Arts & Humanities Bainbridge’s Artist Marketplace on BainbridgeCurrents.com! The following Artist Terms & Conditions (the “Artist Terms”) govern the submission of your artwork, images, graphics, digital assets, digital media, or content (the “Artwork”) to AHB (“Arts & Humanities Bainbridge”) through www.bainbridgecurrents.com (the “Website”).

Please read these Terms carefully before submitting your artwork. By clicking “Yes” on the main artist form or submitting your artwork to Arts & Humanities Bainbridge, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you must not submit your artwork.

ARTWORK LICENSE

By submitting your Artwork to AHB, you agree to grant to Arts & Humanities Bainbridge, a non-exclusive, non-transferable, except as explicitly set out herein, worldwide license to use, promote, and display your Artwork for commercial and non-commercial purposes, including, without limiting the foregoing, to reproducing the Artwork on the Website, and use in all AHB promotional materials.

Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these Terms, AHB shall not, and shall not permit others to modify, correct, adapt, or prepare derivative works or improvements of the Artwork without proper attribution and in accordance with this agreement.

YOUR RIGHTS

Artwork submitted by you and the rights relating to them, including copyright and ownership rights in the Artwork, remain the sole and exclusive property of the Artist. No other use of the Artwork beyond what is stated in this agreement shall be granted to AHB or any third party without your express written consent.

AHB will use its best efforts to insure that all uses and reproductions of copyrighted material conform to the Creative Commons Attribution 4.0 International License for the purpose of promoting the Artist Marketplace. We will use our best efforts to insure that all Artwork contains some form of copyright management information (CMI) in some form, such as a copyright notice “©”, attribution with the author’s name, or some other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the you. We will not remove and/or alter such information in accordance with the Digital Millennium Copyright Act (DMCA).

SALE OF THE ARTWORK

Arts & Humanities Bainbridge agrees to make your Artwork available for purchase on the Website.

  • Agreement to participate in the Marketplace will be for one year (annual).
  • Each Artist can list up to three(3) pieces at one time in the Marketplace and can rotate as often as they would like.
  • AHB reserves the right to reject artwork that does not align with its mission and values.
  • Placement and organization of the artwork on the website shall be at the sole discretion of AHB.
  • Artist will be required to have a current and active profile published with the Artist Profile Directory of the Website. The profile may include images of works produced, bio and/or artist statement, contact information, social media links, video, and resume.

SHIPPING & DELIVERY

Shipping and delivery must be arranged between Artist and Buyer after the sale of the artwork. AHB will provide Artist with Buyer’s contact information in order make such arrangements. Depending upon the Buyer’s location, Artist may arrange to deliver the artwork to the Buyer. AHB assumes no responsibility in method of delivery, shipping costs, nor damage to or loss of shipped artwork.

PERFORMANCE AND MODIFICATION OF THE WEBSITE

Arts & Humanities Bainbridge is not responsible for the success or failure of the Artwork to sell on the Website. We may take action to promote certain items, but make no representation or promise to do so. If your Artwork is not selling at a rate you would like, you may contact us to discuss your options, such as offering a discount, or you may withdraw your Artwork from the Website.

AHB is constantly looking for ways to improve our services and our Website. Therefore, AHB reserves the right to modify, amend, alter, or otherwise make changes to the Website periodically and without notice.

FEES

The price for each item will be determined by the Artist. Arts & Humanities Bainbridge uses a profit sharing model. Artist shall receive 80% of the net proceeds generated from the sale of your artwork online. Arts & Humanities Bainbridge will receive 20% of the net proceeds.

Buyers will be charged a standards sales tax of 9%. A note that “all sales are final” will be published on the shopping cart and checkout pages of the Marketplace.

Arts & Humanities Bainbridge uses Paypal for its payment gateway (i.e. checkout process). Payments from artwork sales will be made to Artist monthly via PayPal (or by check if PayPal is not an option).

TERMINATION & WITHDRAWAL

You may terminate your relationship with Arts & Humanities Bainbridge and withdraw your Artwork at anytime by contacting admin@ahbainbridge.org. We will withdraw your Artwork within 10 days of receiving notice of your desire to withdraw your Artwork from the Website.

Arts & Humanities Bainbridge may terminate your relationship with the company by giving you 10 days notice of the intended termination and then immediately removing your Artwork from the Website.

Upon termination, your Artwork will be removed from the Website, Arts & Humanities Bainbridge will no longer sell, distribute, or use the Artwork, and Arts & Humanities Bainbridge will no longer honor orders for the Artwork and the license granted herein will be terminated. You will receive the agreed upon fees only so long as the Artwork is available on the website. Upon termination of these Terms you shall no longer receive any fees from Arts & Humanities Bainbridge.

REPRESENTATIONS AND WARRANTIES

You hereby represent that:

  1. You are the owner of the Artwork and any other material submitted to AHB, and that you have all the necessary rights, consents, and authorizations required to license the Artwork according to these Terms.
  2. The content of your Artwork is not abusive, obscene, pornographic, threatening, harassing, defamatory, unlawful, hateful, or otherwise objectionable in relation to the subject matter covered by the Artwork or the campaign for which it is being submitted.
  3. The content of the Artwork does not violate the privacy or publicity rights of any third party.
  4. The content of the Artwork does not violate the intellectual property rights of any third party, including copyrights, trademarks, patents, and trade secrets.
  5. That you are 18 years of age or older.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless Arts & Humanities Bainbridge and its affiliates and partners, and each of its and their respective officers, directors, employees, agents, successors and assigns from and against any and all losses incurred in connection with any claims by a third party arising out of or relating to your breach of these Terms.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL SERVICES PROVIDED BY ARTS & HUMANITIES BAINBRIDGE ARE “AS IS” AND NO WARRANTIES ARE PROVIDE.

IN ADDITION TO THE DISCLAIMER IN THE WEBSITE TERMS OF SERVICE, ARTS & HUMANITIES BAINBRIDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SALE OR DISTRIBUTION OF YOUR ARTWORK, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT ARTS & HUMANITIES BAINBRIDGE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SALE AND PERFORMANCE OF YOUR ARTWORK THROUGH THE WEBSITE.

ARTS & HUMANITIES BAINBRIDGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MODIFICATION OF THESE TERMS

Arts & Humanities Bainbridge reserves the right to amend or modify these Terms at any time or from time to time. When these Terms are changed, you shall be given notice of the changes and directed to the page on our Website where the new Terms can be viewed. Your acceptance of your fees after the publication of the new Terms shall constitute your acceptance of the new Terms. If you do not wish to accept the new Terms, your sole remedy shall be to withdraw your Artwork from the website.

GENERAL TERMS

Governing Law. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Notices. All notices, and other communications hereunder shall be in writing and addressed to the parties at the most recent email provided by you. A Notice is effective only upon receipt by the receiving party.

Headings. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement. These Terms constitute the sole and entire agreement of the parties to these Terms with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall be construed as a waiver of any failure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof.

Assignment. Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating party of any of its obligations hereunder.

Successors and Assigns. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

No Third-party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

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