By sending your artwork (“Artwork”) to Apxview.com (email@example.com), you (“Artist”) grant to Apxview, doing business as Apxview (“Apxview”), Jaime Balmes 11 Mexico México MX 11510 a worldwide license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the Artwork in all media now known
Without limiting the foregoing, the rights licensed by the Artist to Apxview include the following:
The right to reproduce all or part of the Artwork on the following Art Products: Wall Art Prints (Fine Art Paper, Canvas, Aluminum, Acrylic Glass), Accessories (Phone Cases), and any other Art Products offered by us.
The right to manufacture or have manufactured, distribute, market and promote reproductions of the Artwork on Art Products through any marketing channel.
The right to adapt, modify, patternize, and correct the Artwork, through notably, but not limited to, cropping, retouching, color or format changing of the Artwork or appending the Artist’s signature to the Artwork, to take into account in particular technical, material or commercial constraints, or for any other reason.
The right to represent and exhibit the Artwork as well as reproductions of it on Art Products, for the purpose of selling, and/or promoting said Products, in any physical place and through all media of communication, of any nature, such as, but not limited to, communication networks including the Internet, mobile telephones, television broadcasting, cinema or posters.
The right to broadcast the Artwork and make it available to the public as well as reproductions of it on Art Products, created according to the terms described above.
The right to use reproductions and/or representations of the Artwork created according to the terms described above to promote Apxview the publishing or marketing of the Artwork.
All or part of the rights described above can be used directly by Apxview or licensed by Apxview to a third party, according to the terms and conditions that Apxview deems the most appropriate.
Specific Terms & Conditions
Duration of the license: The legal term of copyright protection. When the artist deletes the images from our marketplace apxview.com
Geographical scope of the license: Worldwide.
Royalty: 16~20% upon the gross sale actually received by Apxview less, taxes, shipping and any applicable discounts or allowances. Apxview reserves the right to adjust the selling price of Art Products at any time to, for example, follow changes in currency conversion rates or for the purposes of sales promotion, global artist valuation, etc. Should the Art Product not be sold to the public directly by Apxview, the percentage earned by the Artist will be based on Apxview’ revenue for such sale less any applicable taxes, discounts or allowances.
Rendering of accounts and terms of payment: The calculation of the royalties that are due to the Artist will be sent to him/her by the appropriate means at the beginning of each month for all sales made during the month prior, during which receipts from sales were collected. The payment of these royalties will be made by bank transfer (Paypal) within fifteen (15) days after the above calculation was sent. Artist’s representations and warranties: The Artist warrants and represents that the Artwork is original and of Artist's own creation (or, alternatively, that Artist has secured all necessary rights and permissions); that the Artwork is not libelous or obscene, does not violate the rights of any kind of any third party, including but not limited to, copyright and privacy, that appropriate releases will be obtained for all persons and locations that appear in the Artwork and that Artist has the right, power and authority to grant Apxview the rights herein conveyed. Artist agrees to release, indemnify and hold harmless Apxview and its parents, subsidiaries, officers, directors, employees, licensees and agents from all claims, causes of action, damages, losses and liabilities, including attorney’s fees, arising out of or in connection with the use of the Artwork as authorized herein.
Insurance: Artist will have in place general liability insurance coverage, errors and omissions liability coverage, workers compensation coverage and any additional coverage that may be appropriate under the circumstances. These policies will be primary with respect to any insurance carried by Apxview.
Advertising and Promotion: Artist agrees that Apxview has the right to use the Artwork and Artist's name, biography and likeness in connection with the publication, advertising and promotion of the Artwork and Apxview. Independent Contractor: Artist agrees that its relationship to Apxview is that of independent contractor and that this Agreement does not create any employer-employee relationship.
Confidentiality: Artist agrees to keep confidential any confidential or proprietary information of which it becomes aware pertaining to Apxview. This paragraph shall survive the termination or expiration of this Agreement.
Miscellaneous: This Agreement sets forth our entire understanding and may not be modified except in writing. Apxview is not bound by any revisions to this form unless the revisions have been specifically agreed to and initialed by Apxview. Artist may not assign this Agreement, in whole or in part, to any other party. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. The parties consent and agree that all legal proceedings arising out of or relating to this Agreement will be exclusively maintained in either the federal or state courts in New York, New York.
Agencies: If this Agreement is executed by an agent on Artist's behalf, such agent warrants that he or she has full authority from Artist to convey the rights granted, to make the representations contained herein and to obligate the Illustrator to the terms and conditions set forth herein.