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Stuckup Terms of Service with Artists

 

Introduction

Stuckup (“Stuckup” or “we” or “us” or “our”) has built a new, e-commerce platform which unites artists and customers, and provides artists with an easy way to list and monetize their work. We provide a range of services, websites and mobile applications (collectively, the “Services”) which enable you to publish, sell, comment on, promote, and purchase artwork and art-related products through the Services and receive the benefits of the Services. The platform enables artists to earn money from their artwork by making it available for sale to customers either in unframed art prints, or in a range of framed prints, with the option to be numbered limited edition, or open edition which are unlimited prints.

Please carefully read these terms of service (“Terms”), our privacy policy (the “Privacy Policy”). Before you may use the Services, you must agree to these Terms and policies. By creating an account, publishing artwork, purchasing products, and otherwise using the Services, you agree to all of the terms and conditions in these Terms. If you are an artist or a customer who has signed up to receive notifications from us, you will receive a notice whenever we amend or update any of the rules, policies or procedures relating to the Services.

“You” means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 16 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind that legal entity. 

“Artist” refers to you as a creative content provider, whether you are trading as an artist, a photographer, a designer, an illustrator, an individual, a company. 

ARTWORK LICENSE

Stuckup partners with artists, designers, illustrators, photographers, museums, galleries and agencies that represent artists. Regardless of what type of entity you are, between you and Stuckup, you retain the rights (including the copyright) in the artwork that you offer for sale at Stuckup. You hereby grant Stuckup.com a worldwide, non-exclusive license to use, publicly display and to reproduce, sell and distribute your artwork and images either unframed, framed, on canvas or in any other format known or developed for the purpose of promoting your artwork and content, producing and promoting products with your artwork and content, and providing the Services.

By providing your images to Stuckup, you confirm and warrant that:

  1. you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Services, to manufacture, distribute and sell products that include your artwork and to grant us the rights granted to it in these Terms;
  2. your artwork and content and the manufacture, distribution and sale of products that include your artwork does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
  3. your artwork and content do not contain material that is misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  4. your artwork and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

You understand that the Services contain artwork submitted by artists such as images, designs, text and other materials published or offered for sale via the Services.

Stuckup does not typically review all artwork before it is published live, but we reserve the right to do so. As a result, you further understand and acknowledge that you may be exposed to artwork or content that you may find to be offensive, indecent or objectionable. If you decide to remove your artwork from Stuckup, we will have ninety days to delete your images from the Services, though will have the right to sell any products bearing your artwork during this ninety day period.

COPYRIGHT AND INTELLECTUAL PROPERTY

Stuckup was established to enable artists to easily monetize their artwork. We love original artwork, and we take copyright infringement seriously. Uploading or copying someone else’s artwork, photographs, designs, images, trademarks is typicaly illegal. We require our partner Artists to have the same attitude and respect for copyright protection to maintain the integrity of the industry as a whole.

If we believe a listing or account infringes an artist’s copyright, we may (a) delete specific artworks and (b) terminate the account. Artists found to be in violation of our Copyright policy will forfeit their rights to earnings from any sales of such work.

Selling and Artist Payments

ARTIST ROYALTIES

Artists earn royalties each time a customer purchases their artwork. 

For every product that is sold with your artwork printed on it, we will pay you an “Artist Royalty”, based on the royalty rate agreed upon joining, and the payment schedule described here. For sales of products on Stuckup.com and its international websites, you will be paid on a monthly basis, generally within thirty (30) days of the end of a month following a clearing period. Unless otherwise stated or agreed upon in writing, all amounts will be paid in U.S. Dollars. It is your responsibilit to pay any taxes associated with your royalty earnings.

Accounts

In order for you to include your artwork on products sold through the Services, you must create an account. When creating an account, you must provide accurate contact information. In addition, you must update your account information to keep your contact and payment information accurate at all times. Rather than creating duplicate accounts, we ask that you create collections of work in a single account.

You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.

You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.

Disclosure of Account Information

Under certain circumstances, we may disclose your account information.

You acknowledge and agree that we may access, retain and disclose your account information, artwork and content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (a) enforce these Terms or the policies; (b) respond to your requests for customer service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property or personal safety of our company, our users or the public.

Termination of Account

We may need to terminate our relationship at any time if you violate these Terms or our policies.

  1. We may suspend or terminate your access to the Services if you are determined to be, in our sole discretion, in violation of these Terms or any of our policies. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately.
  2. You may terminate these Terms at any time by terminating your use of the Services.
  3. On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Services or your account.

Upon termination we will suspend your account and remove your artwork, if any, from the Services within ninety (90) days. Without limitation of the foregoing, we will have the right to retain copies of your account information, artwork and content in our archives for our internal business and legal purposes. Unless your account has been terminated for a breach of these Terms or any of our policies, as determined by us in our reasonable discretion, you will be paid, in the ordinary course, any Artist Share owed to you through the termination of your account.

General Terms

WAIVERS & DISCLAIMERS

You hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any activities, artwork, content, actions or inactions of any third party in connection with the services, including without limitation, any illegal, defamatory, offensive, or unauthorized conduct by any users.

The Services are provided “as is” and with all faults. We cannot guarantee continuous or secure access to or that the services will be error free or that all transactions will be completed. The operation of the services may be interfered with by numerous factors outside of our control. To the extent legally permitted, we disclaim all express and implied warranties, terms and conditions, including, but not limited to any implied warranties of merchantability, quality of information, quiet enjoyment, noninfringement, title, or fitness for a particular purpose. you assume all risks associated with your use of the services.

RELEASE

You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.

LIMITATION OF LIABILITY

Stuckup is not and will not be liable for indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any loss of money or profits, goodwill, data, artwork, content or reputation, or any property damage or personal injury without regard to the form of action (including, but not limited to, contract, negligence, or other tortious actions) arising out of or in connection with your use of the services, even if we have been advised of the possibility of those damages. you waive any and all claims, now known or later discovered, that you may have against us arising out of your use of the services.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $75.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. in such jurisdictions, the scope and duration of our warranties and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (a) your artwork, content or use of the Services, including without limitation, your sale of any products; (b) your (or anyone using your account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.

MODIFICATIONS

We reserve the right to monitor, modify or discontinue the Services, and to block, modify, publicly comment on, or delete any artwork, content or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain or correct any artwork, content or information on the Services.

We may change these Terms, in whole or in part, by notifying you as described in the Notices provision below. You are responsible for reviewing and complying with these Terms, in effect at the time you use the Services. You acknowledge that you will be bound by the revised Terms.

NOTICES

Except as stated otherwise, all notices required from you under these Terms must be sent to us at support@stuckup.com. Legal notices will be served on our registered agent in the State of Delaware. We will provide you with notices about changes to the Services or these Terms, the Copyright and Trademark Policy, or the Privacy Policy by posting them on the Services or by sending an email to the email address you provide to us with your account. Legal notices will be provided to you at your email address. Email notices will be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

Alternatively, if applicable, we may give you legal notice by mail to the address provided during the PayPal verification process. In that case, notice will be deemed given three (3) days after the date of mailing.

DATA TRANSFER

By accessing or using the Services, or submitting information, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States, in accordance with our Privacy Policy and applicable law. If you do not agree to these Terms, please do not use the Services. We control and operate the Services from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

OTHER JURISDICTIONS

If you live in a country in which we have a local website, the terms and conditions of such local website will govern your use of the Services and will supersede these Terms even if you are visiting or making purchase on Stuckup.com.

FORCE MAJEURE

We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.

MISCELLANEOUS

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

These Terms, set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms.

How to Contact Us

If you have any questions about these terms please email support@stuckup.com who will refer your query to the correct team member.

HISTORICAL MODIFICATIONS

EFFECTIVE AS OF OCT 1, 2019; THESE TERMS WERE UPDATED ON JULY 28, 2020.

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