designer's Legal Terms
By submitting your design, and in consideration of ARTSFIGHTERS S.r.l. “società a socio unico” with registered office in Italy at Via Jan Palach 16 – Milano 20142, tax code and VAT number 11429300962 (hereinafter “ARTSFIGHTERS”) evaluating your design submission (the “Design”) for its possible use, you agree to the following terms and conditions (the “Design Submission Terms and Conditions for the CONTEST”):
- You represent and warrant that the Design is your own original work, is not and has not been offered for sale anywhere by any means, and does not contain any trademarks, logos, copyrighted material, content subject to right of publicity or privacy, or any other intellectual property belonging to any third party.
- You represent and warrant that the Design does not infringe any rights (including but not limited to copyright) of any third party.
- By submitting the Design to ARTSFIGHTERS you hereby grant ARTSFIGHTERS the right and license to upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, and display the Design, in any manner, for the purposes of promoting the Design and/or ARTSFIGHTERS, including, without limitation, posting it on Artsfighters social media pages in Facebook, Instagram, Linkedin and others.
- You acknowledge that ARTSFIGHTERS may decline to select the Design or exclude the Design from consideration, for any reason, at any time, and in its sole discretion. In general ARTSFIGHTERS will exclude by default any design including offensive message and/or political/religious propaganda.
- You acknowledge that ARTSFIGHTERS may, at its own discretion, remove the Design from ARTSFIGHTERS web page and/or social media at any time. After the CONTEST, of which termination is defined when VOTE period ends, as described in the “How it works” section within Design page at www.artsfighters.com, you can request that ARTSFIGHTERS remove the Design from the website and social media of ARTSFIGHTERS, being understood that the latter do not control nor has any responsibility as to the use, post, re-post and any other action on the Design, by users of ARTSFIGHTERS’ website and social media.
- If the Design is selected by ARTSFIGHTERS as the winner of the CONTEST, you shall assign the entire perpetual and exclusive right, title, and interest in and to the economical exploitation of the Design to ARTSFIGHTERS, to the fullest extent as permitted by applicable laws and for which valuable and fully satisfactory consideration is given as per the following point.
- ARTSFIGHTERS will award a cash prize when the submitted DESIGN is selected as a winning design as per the CONTEST rules described on https://www.artsfighters.com/pages/design
- The cash prize for this CONTEST is 300.00 € which is also inclusive of the consideration for the assignment of rights of the Design to ARTSFIGHTERS under the previous paragraph and will be subject to the submission of the Design file version with format and high resolution standards required from ARTSFIGHTERS
- Payments will be made on a monthly basis within 7 days after the end of the month when the winning DESIGN has been selected. Winning design will be published in the ARTSFIGHTERS social media page of Instagram https://www.instagram.com/artsfighters/ at the end of every DESIGN CONTEST as VOTE period ends. Payment will be processed via PayPal. By this regard you will be required to provide your PayPal account to the email admin@ARTSFIGHTERS.com
- In case the selected DESIGN is already minted as NFT (Not Fungible Token) on OpenSea, we'll make an offer to buy the NFT on OpenSea for the equivalent value in ETH (Ethereum) of 300.00€.
- On top of the money prize ARTSFIGHTERS will recognize perpetual ROYALTIES to the DESIGNER based on featured MERCHANDISING Sales. The commission amount is set at 10% of Net Sales as per definition and payout schedule described on below “Appendix 1-Royalties”
- You alone will be responsible for the payment of any tax that arises as a result of receiving any payment from ARTSFIGHTERS, its subsidiaries, related companies, partners, or licensors.
- If at any time you become aware that the Design has been used, reproduced, or displayed for any commercial purpose, and/or that it has been offered for sale, sold, licensed, or assigned to a third party, you must immediately notify ARTSFIGHTERS.
- If you are not in compliance with any of these Design Submission Terms and Conditions, the Design may be rejected by ARTSFIGHTERS, and may be excluded or otherwise deleted from ARTSFIGHTERS.
- By submitting your design you acknowledge that you have read and are comfortable with these Design Submission Terms and Conditions, you agree to be bound by them, and you wish to submit your design to ARTSFIGHTERS in accordance with them.
ARTSFIGHTERS will recognize commissions on actual Net Sales, meaning full price paid from customers to ARTSFIGHTERS excluding any incurring discount, additional shipping charges to customers and deducting any customer refund.
The commission amount is set at 10% of Net Sales as per above definition.
ARTSFIGHTERS will share the sales report to Designer on a monthly basis and the payment will be executed when one of below condition is met:
- Royalty amount to be paid to Designer is equal or greater than 50,00€ (fifty euros)
- Time from last payment to Designer or from start from hereby agreement is equal or more than 6 months
- Agreement termination
ARTSFIGHTERS will share with Designer (via the email or through specific log in page), within the end of the first 7 days from the beginning of each month, a dashboard showing the actual sales in units and net amount, along with the calculation of the royalty to be paid from ARTSFIGHTERS to the Designer.
The royalty to be paid will be calculated on the net sales occurring in the second past month before the report issue in order to consider any customer refund to be deducted from the gross sales.