By creating an Artist account on the Website, and after receiving the approval of the Website on the request to create an artist account, you agree to the following terms:
1 - Definitions:
- Artist: any person who creates an artist account for the purpose of selling his or her Artwork on the Website.
- Artist Account: the unique personal account of an Artist on the Website.
- Artwork: any digital files uploaded to the Website by the Artist and approved by the Company.
- Printing Services: all available methods for purchasing Artwork from the Website.
- Website: means Berwaz.com, owned and operated by Tawseel General Trading W.L.L.
- Company: Tawseel General Trading W.L.L., a Kuwaiti company.
2 - Ownership of Artwork: The Artists retains all intellectual property and ownership rights relating to Artwork uploaded to his or her Artist Account. The Company and the Website do not claim any intellectual property and ownership rights rights in such Artwork.
3 - License of Artist Artwork: By uploading Artwork to the Website the Artist grants the Company (and its affiliated companies and divisions) a global license to communicate, distribute, store, modify, publish, market, publicly display and print such Artwork for the purpose of printing customer orders, marketing and promoting the Website and Artist Artwork in exchange solely for the Artist Earning set forth in Clause 5 below. This license will exist for the period during which the Artwork is posted on the Website and will automatically terminate 10 days after the removal of the Artwork from the Website.
4 - Price of Printing Services: Prices at which Artwork is sold varies based upon the Printing Services available on the Website and selected by customers. The Website retains the sole discretion of set and modify the price at which Artwork is offered for sale including discretion to offer promotions and discounts on all Printing Services.
5 - Artists Earnings: Artist earnings will be 35% of the actually received sale price of sold Printing Services for the Artwork uploaded to his or her Artist Account. Sums received by the Company relating to add-ons to the Printing Services and shipping and handling charges will not be counted towards Artist earnings. The Artist will receive payments from the Company periodically in the form indicated in his or her Artist Account page and all of the Company’s costs detailed on the Artist Account page will be deducted from such payments to the Artist.
6 - Termination of License: The Artist may terminate, at their sole discretion, the license granted to the company (as described in Clause 3 of this agreement) ten days after removing the Artwork from the Website. The Company may terminate and remove from the Website the Artist Account and/or Artwork at any time at its sole discretion in which case the Company shall pay to Artist any residual funds due to the Artist from the sale of Printing Services of his or her Artwork as detailed on the Artist Account page.
7 - Protecting Artist Artwork: The Website uses measures to restrict the ability of users and visitors of the Website to make high resolution copies of Artwork uploaded onto the Website. The Website will not make high resolution artwork available to users and visitors. The Website will add a watermark to medium resolution Artwork. This will not restrict the ability of users and visitors to the Website to make low resolution or ‘thumbnail’ copies of artwork posted on the Website. The Website and the Company shall not be liable for any and all claims by the Artist except for the monies payable to the Artist as specified in Clause 5 of this agreement.
8 - Artists Undertaking: The Artist undertakes, represents and warrants that:
- 1) he or she owns all intellectual property and ownership to Artwork uploaded to his or her Artist Account and the Company needs no further permissions, nor to make any payments to any person other than the Artist (a) in connection with the license granted to the Company in Clause 3 of this agreement or (b) when offering Printing Services for such Artwork on the Website;
- 2) uploaded Artwork does not defame any person or legal entity and does not infringe upon the rights and ownership of any person or legal entity, or violate any law or judicial or governmental order;
- 3) uploaded Artwork conforms to generally accepted moral standards and does not offend Islam or Other Religions;
- 4) he or she has the written consent to upload and sell images from all persons appearing within his or her Artwork uploaded to their Artist Account page; and
- 5) all personal and other information entered in their Artist Account page is accurate and complete.
9 - Changes to this Agreement: In the event of any amendment to this Agreement, the Company shall notify the Artist by e-mail. The Artist’s continued operation of his or her Artist Account is an agreement by the Artist to any such amendment.
10 - Applicable Law and Jurisdiction: This Agreement is governed by the laws and regulations of the State of Kuwait and any disputes shall be referred to and be determined by arbitration in State of Kuwait and governed by the rules of arbitration of the Kuwait Chamber of Commerce.
