ScienceGrit Artist Partnership Agreement
As an artist, you wish to use the ScienceGrit services to facilitate your marketing and sale of products using your artwork (“Your Products”) and the manufacture of your physical products once an order has been made through ScienceGrit, and the subsequent delivery of your products to the customer. By working with us, you agree to this ScienceGrit Artist Partnership Agreement (“Partnership Agreement”) which is a part of the Terms of Service.
1. ARTIST SUBMISSIONS
ScienceGrit’s services empower artists to earn money from their artwork by making it immediately available for sale on a variety of products - without giving up control of their rights. You retain all of your ownership rights, including all copyright and other intellectual property rights, in the artwork you submit to ScienceGrit.
The photographs, artwork, sketches, videos, designs, and images ("Artwork") and any other files, material or information provided to ScienceGrit by artists (all of which are referred to as "Artist Submissions") are not endorsed by ScienceGrit.com, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any Artist Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your submission, or your use of any Artist Submission, including any reliance on the accuracy, completeness, or usefulness of such Artist Submission. All Artist Submissions posted to the website are the sole responsibility of the person who originally submitted the Artist Submission, and your sole recourse for any damage you may suffer as a result of any Artist Submission, or any portion thereof, shall be to such individual, and not ScienceGrit.com.
By submitting an Artist Submission to ScienceGrit, You represent that: (i) You are the owner of the Artist Submission; or (ii) you have the right and license to use the Artist Submission; or (iii) the Artist Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the Artist Submission; and (v) You have the legal right to grant a license to ScienceGrit.com to use the Artist Submission.
You hereby grant ScienceGrit.com a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Artist Submission (and derivative works thereof) in any media now known or hereafter developed.
If You choose to submit an Artist Submission to ScienceGrit, we require that you adhere to generally accepted rules of etiquette and standards of behavior. You understand that ScienceGrit.com does not guarantee any confidentiality with respect to any Artist Submission.
ScienceGrit.com expressly disclaims any and all liability in connection with Artist Submissions. ScienceGrit.com reserves the right to remove any Artist Submission in its sole discretion and without prior notice.
2. LICENSE AND USE OF ARTWORK
By submitting your artwork to ScienceGrit, you grant ScienceGrit.com the license above in Paragraph 1, and further agree that ScienceGrit.com may: (i) display your artwork on the website and in magazines, on the Internet, social media, and other media; (ii) sell your artwork; and (iii) make modifications to your artwork as necessary to prepare your artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that ScienceGrit.com may legally make and sell merchandise incorporating your artwork without being obligated to make any payments to, or obtain any permission from, any third party.
You may request to delete your artwork from the website at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the website. Upon the removal of your artwork, the licenses above will terminate, except that, to the extent any artwork has been incorporated into merchandise purchased and/or manufactured by ScienceGrit.com prior to the removal, ScienceGrit.com may sell-through all such merchandise until it is depleted. The terms regarding payment to artists apply to such sales.
3. PAYMENTS, TIMING OF PAYMENTS, AND INELIGIBLE SALES
ScienceGrit will manage the pricing of your products. You authorize ScienceGrit to collect, hold and distribute the retail price (“Sale Proceeds”) from customers. A shipping charge will also be charged to the customer for the shipping of the product, which will not affect the amount to be distributed to you.
ScienceGrit uses a third-party Shopify App to manage sales of products using artist’ artwork. You can create your own account to view your margin at any time of your convenience. You will receive an automatically generated email at the email address you registered in your account when an order has been placed for your product(s).
ScienceGrit will pay your commission according to our signed Partnership Agreement. Payments will be made on a monthly basis, via PayPal. This will take place on the first day of the month. You are required to provide ScienceGrit.com with Your PayPal account information. You will not be charged by PayPal for any payment made to you by ScienceGrit.com. You alone are responsible for the payment of any tax that arises as a result of receiving any payment from ScienceGrit.
ScienceGrit.com will not pay you for sales of any product that incorporates artwork that violates the Terms of Use. For example, if ScienceGrit.com discovers that your artwork infringes someone else's copyright or that you do not have the right to use the artwork, ScienceGrit.com reserves the right to reverse all payments for products featuring such artwork, whether due or already paid.
4. INDEMNITY
4.1 Without limitation to your other indemnity obligations in the Agreement, you hereby indemnify and will keep ScienceGrit indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this Partnership Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
4.2 Without limitation to other unspecified provisions of this Agreement that survive termination of this Agreement, this Clause 4 will survive the termination of this Partnership Agreement.
5. LIMITATION OF LIABILITY
Without limitation to other disclaimers and limitations of liability in the Terms of Service or this Partnership Agreement, in no case will ScienceGrit be liable for any consequential loss or damage suffered by you arising from this Partnership Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
6. TERMINATING THE PARTNERSHIP AGREEMENT
6.1 You can give notice of termination of this Partnership Agreement by closing your account in the method described in Terms of Service.
6.2 ScienceGrit may give notice of termination of this Partnership Agreement to you by closing your account or in writing at any time.
6.3 After notice of termination in the manner described in either clause 6.1 or 6.2, you authorize the completion of any transactions in progress in relation to your products, on the terms of this Partnership Agreement. Termination of this Partnership Agreement will take effect once these transactions have been completed.
6.4 Upon termination of this Partnership Agreement by either party, you will be paid any accrued Margin proceeds from your account, subject to the Section “INDEMNIFICATION” in the Terms of Service, Clause 4 (INDEMNITY) of this Partnership Agreement, and applicable law.