Here at Artistic Exploits, having in mind the complexity of the matter, we try to make it easy for everyone to offer for sale or purchase digital products for any need that they may have. Either that need is for personal or commercial usage. We hereby present you with three simple and easy to use and understand license model agreements that will govern your use of any digital product you may purchase through our services.
Artists have the option to select to offer their products under just one, two or all three types of licenses. You will find no uniformity in the pricing of each license agreement, as you may find in any other websites that offer similar services. We appreciate the hard work and inspiration of each artist and therefore artists are responsible for pricing their own work. We also remind you that by purchasing any product through Artistic Exploits’ services you directly support the artists. We do not use others’ work to make profits. Artists keep 100% of any sale they make.
You may find artworks offered under the following license types. Personal, Social & Web, Extended Commercial. All licenses are general guidelines set by Artistic Exploits. If for any reason you require more from an artwork, you may directly contact the copyrights owner in order to make the appropriate request.
The License Terms that follow shall apply to all licenses granted by Artistic Exploits (“Artistic Exploits, We”) to a license purchaser (“Licensee”) with regard to any Content (“Content, Artworks”) marketed by Artistic Exploits through its services. All uses of an artwork shall be governed by these regulations and must comply with these License Terms, unless you have agreed otherwise with the copyrights’ owner. Any agreed alteration of these License Terms between the two parties must be in written form. Any terms and conditions of the Licensee shall not apply and are deemed invalid.
Upon full payment of the License Fee, Artistic Exploits and the copyrights owner (“Licensor”) grants the Licensee a non-exclusive, non-transferable and non-sublicensable right to use the Artwork in accordance with these License Terms for the applicable license type (“License”) as follows:
1. PERSONAL LICENSE
This is a License agreement between the Licensee, which in this situation is the individual person purchasing the Content and the copyrights owner as the Licensor.
Personal Use is generally defined as using the acquired Content in such a way that it has no potential financial gains. This is an individual license. It is not intended for Commercial or Editorial use. It is the appropriate choice if you want such Content to be used for personal purposes. The Licensed Content may be used only by a single individual. If more than one people intend to use the Content, under this License, you will need to purchase more than one License. For use by a company or organisation, you will need to purchase one of the other two Licenses.
Under this License, the Content may only be uploaded on a personal server, private cloud storage, or any digital asset management platforms that are solely controlled by the Licensee.
- Licensee may create physical products such as, but not limited to, clothing, invitations, cards, mugs, photo albums, posters, calendars, home decor, etc. for Personal Use only;
- Licensee may create digital wallpapers for use on a personal computer monitor or mobile device;
- Licensee may create physical or digital end packaging products such as, but not limited to, labels, stickers, etc. for Personal Use only;
- Licensee may create digital end products such as, but not limited to, static designs, static website elements, presentations, invitations, cards, etc. for Personal Use only;
- Licensee may use such Content in one personal or individual social media account for Personal Use only. Such account shall not promote, advertise or sell any physical or digital products or services;
- Licensee may use such Content only in one Audio-visual work such as, but not limited to, personal presentation or motion picture, strictly intended for personal use such as, but not limited to school assignments. For use in advertising or promotional videos, you will require one of the other licenses.
2. SOCIAL & WEB LICENSE
This is a License agreement between the Licensee, which in this situation might be either an individual person or a Legal Entity (Company or organisation) purchasing the Content and the copyrights owner as the Licensor.
This License permits both Commercial and Personal Use of the Licensed Content. Any end-use for Commercial Purposes must be significantly different than the original Licensed Content, require time and effort to produce and not derive its primary value from the Licensed Content. This License permits any social or web usage of the Content as stated below:
- All usage rights included in Personal License;
- Licensee may create digital wallpapers for use on both personal or company computer/s monitors or mobile device/s;
- Licensee may create digital end products for resale such as, but not limited to, static designs, static website elements, presentations, invitations, cards, e-books, etc. for both Commercial and Personal Use;
- Licensee may use such Content in one (1) company/brand website or social media account for Commercial use. A separate License will be required for each social media business account or page;
- Licensee may use such Content in Internet Advertisements such as, but not limited to, Search Engine Ads, Social Media Ads such as Facebook, Linked In, etc. for Commercial use;
- Licensee may use such Content as well as digital advertisements, including TV and video clips in on-demand channels e.g. YouTube, Vimeo, MyVideo, etc., but no broadcasting rights and/or film production rights beyond clips.
3. COMMERCIAL EXTENDED LICENSE
This is a License agreement between the Licensee, which in this situation might be either an individual person or a Legal Entity (Company or Organisation) purchasing the Content and the copyrights owner as the Licensor.
This License permits both Commercial and Personal Use of the Licensed Content. Any end-use for Commercial Purposes must be significantly different than the original Licensed Content, require time and effort to produce and not derive its primary value from the Licensed Content. This License permits further publication, outdoor advertisements, and broadcasting rights as follows:
- All usage rights included in Social & Web License;
- Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial or Personal Use;
- Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial or Personal Use;
- Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, and scrapbooks, e-books or e-publications, for Commercial or Personal Use;
- Licensee may use such Content in unlimited company/brand website or social media account for Commercial use;
- Licensee may use such Content in outdoor advertising such as, but not limited to, billboards, signage, printed advertisement, etc. for Commercial use in Local markets, National markets, and International markets;
- Licensee may use such Content for film production, broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and audio-visual works, including advertisements. Licensee may use the Licensed Asset in one (1) of those applications for Commercial use;
- Licensee may use such Content as graphics for Website Development, Mobile App Development, Desktop Application Development, and Video Game Development for Commercial or Personal Use. Licensee may use the Licensed Asset in one (1) of those applications for Commercial use.
4. EDITORIAL USE ONLY
You will find several digital artworks through our services that are sold under the ‘Editorial Use Only’ License. An artwork sold under such a License, is an artwork that cannot be used to promote or advertise a product or company. Generally, it cannot be used for commercial purposes. The people, objects or places in editorial artworks most probably are not released for such usage.
Content under any License Agreement is vented with worldwide & perpetuity usage rights. Perpetual, meaning that there is no expiration or end date on your rights to use the Content. Worldwide meaning that such Content may be used in any geographic territory without restrictions.
These restrictions shall apply for all the above License Agreements and any alterations that may subsequently be agreed between the two parties (Licensee and Licensor) without any knowledge of Artistic Exploits.
- The Licensee may not use the acquired Content in any other way than what is expressly set forth in each License Agreement;
- Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, corporate ID or other indication of origin or similar use unless the Licensed Content is significantly different and not the predominant element of the Final Use. In no event does this License Agreement gives the right to the Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Content itself which must be disclaimed in any trademark registration;
- The Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work;
- The Licensee may not resell, redistribute, provide access to, or sublicense the Content and/or to transfer the License to any third party and/or to share with or provide any third-party access to (including as a digital file) the Content;
- The Licensee may not use the Content in connection with content that is illegal, offensive, defamatory, racist, pornographic, youth protection law infringing or glorifies violence;
- The Licensee may not use the Content in any other manner that affects the integrity or original context of such Content; this applies in particular with regards to the persons depicted in the acquired Content;
- The Licensee may not portray any person ("Model") depicted in acquired Content in a way that a reasonable person would find offensive, including but not limited to depicting a Model:
- in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like;
- in connection with the advertisement or promotion of tobacco products;
- in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint;
- as suffering from, or medicating for, a physical or mental ailment; or
- engaging in immoral or criminal activities.
8. The Licensee may not falsely represent (expressly or by way of reasonable implication) the true copyright owner(s) of the Content. In case of sensitive uses as e.g. the depiction of persons or objects in a context which a reasonable person would likely consider as unfavourable, embarrassing or unduly controversial (e.g. sexually transmitted diseases, mental illness, fake stories, dating agencies, etc.) the Licensor must prominently indicate that the Image is used for illustrative purposes and that depicted person is a model.
JUST FOR PRINT LICENSE
At the time an artist creates a new product through Artistic Exploits’ services, they have the option to offer their fans a Just For Print License, usually at a smaller fee of the actual cost of any License. If they choose to do that then you will find such an option on the actual product page. This License will grand you a once-off right to print a replication of their work using Artistic Exploits’ printing and shipping services. You will have to recompense the artists’ License fee and we will add the respective printing, packaging and shipping costs to deliver the final artwork to you. You may find the relevant printing materials’ quality and pricing information here. By purchasing this License you will NOT receive any digital product.
If the License is acquired by a legal entity such as a company or organisation, multi-seat use is included. All users must be within the same company or organisation. This means that in a company or organisation, multiple persons, namely employees, may use such Content for the purposes of the specific company or organisation. If the License is acquired by a natural person, the License is limited to a single-seat use, which means that only the Licensee can use such Content.
If you are purchasing on behalf of your employer, then your employer will be considered as the Licensee. In any such case, you represent and warrant that you have the full legal authority to bind your employer to the terms of any License Agreement.
INTELLECTUAL PROPERTY RIGHTS
All of the Content found under any License through Artistic Exploits services is owned by either Artistic Exploits or the artists who provide such Content for sale. The Artist retains ownership of the Licensed Content. All rights not expressly granted in these agreements are reserved by Artistic Exploits and/or the artists who provide such Content.
You, the Licensee, are responsible for tracking and monitoring any activity for the uses of any acquired Content and make sure that the use of such Content is under the permitted uses of the License you have acquired. You agree to immediately notify Artistic Exploits of any unauthorised use of such Content. You accept any responsibility for activity that occurs under any user account that you will authorise to use such Content.
If the Licensee is an advertising agency, communication or branding agency (“Agency”), who acquires the License for the use by its customers, the Agency is entitled to forward the licensed rights to such customer, subject to the following conditions:
- the name and contact of the customer must be communicated to the copyrights owner;
- the Agency shall be prohibited to charge its customer more than the License Fee paid to Artistic Exploits;
- the Agency is liable with regard to any violations of these License Terms by its customer and will indemnify and hold harmless Artistic Exploits against any and all claims, damages, liabilities, and expenses arising out of any unauthorised use of the Content or any other breach of these License Terms by its customer; and
- the Agency may not use the Content for its own purposes or for any other customer. The Agency expressly acknowledges and agrees that it must acquire a new License for each additional customer.
The Licensee represents and warrants to have the full rights and legal capacity to enter into any of the above License Agreements with regard to the respective Content and to use such Content in accordance with these License Terms.
You do not need to include a credit for commercial use of any Content. Although, the use of Content in connection with news reporting, commentary, publishing or any other editorial use requires credit to the artist. However, for non-editorial use credit is only required where credits are accorded to other providers of Licensed Content. Credits, when required, shall be comprehensible, easily readable by the unaided eye and in close proximity to the Licensed Content. Where applicable, substantially similar in placement and prominence to other credits.
Credits should be provided in the following manner:
“[Licensed Content Title], Copyright [Name of Artist], via Artistic Exploits”
LICENSE FEE AND TAXES
The License Fee payable for acquiring the License is indicated in the buying process. Value-added tax, IF APPLICABLE, will be calculated at checkout based on your country and account type. The Licensor is responsible for payment of any applicable taxes associated with the Content. This is a royalty-free license, which means the Licensor pays a one-time License Fee and no further royalties have to be paid unless the Licensor wants to use the Content in a different context, for a different purpose or needs to upgrade the License to a more inclusive License type. In this case, the Licensee needs to acquire a new License.
The Licensee agrees, given reasonable notice, to provide Artistic Exploits sample copies of projects or end uses that such purchased Licensed Content was used for, including by providing free of charge access to any restricted website or platform where the Licensed Content was reproduced. If any audit reveals that underpayment occurred by the Licensee, then in addition to reimbursing the copyrights owner the amount that is due and any other remedies that they are entitled, you also agree to reimburse Artistic Exploits for the costs of conducting the audit.
Artistic Exploits may terminate any License Agreement at any time if the Licensee breaches any of the terms of this or any other policy or agreement with Artistic Exploits or the copyrights owner of such Content. In such a case, the Licensee must immediately cease using the Licensed Content, delete and destroy any copies that they have made. If the Licensed Content is used on a social media platform or any other third-party website the rights granted for such use shall immediately terminate and the Licensee agrees to remove any content from such platform or website.
At any time, a Licensed Content may be subject to a claim of infringement of a third party's rights. Artistic Exploits may discontinue licensing any such Content at any time in its sole discretion. Upon reasonable notice from Artistic Exploits, it is required by the Licensee to immediately discontinue using such Content, delete and destroy any copies that they have made, and ensure that Licensees’ clients, partners and/or distributors do the same. Artistic Exploits may then provide you with a replacement similar Content free of charge.
Artistic Exploits may modify any License Agreement by posting an updated version on the Artistic Exploits website. At that date, the current version of the License Agreement shall apply to any purchase of such Content. Updated versions of any License Agreement shall not apply retroactively to prior purchases. Artistic Exploits will not ask you to terminate the use of such Content and the Licensee may not use the priorly purchased Content under the new License. If a License is updated to include more features that the Licensee may require then the Licensee may repurchase such artwork under the new License Agreement.
Artistic Exploits hereby warrants that:
- is authorised by its Content providers to market such Content that is voluntarily uploaded by them and grant Licenses on their behalf to third parties; and
- the respective users have warranted that they possess the legal rights to grant any rights of use in the Content they make available to you from Artistic Exploits.
THE LICENSEE ACKNOWLEDGES THAT THE CONTENT DISPLAYED AND MARKETED THROUGH ARTISTIC EXPLOITS’ WEBSITE IS PROVIDED BY THE RESPECTIVE WEBSITE USERS AND THAT ARTISTIC EXPLOITS HAS NO CAPACITY TO VERIFY THE COPYRIGHT ASSERTION OF SUCH USERS. LICENSEES’ USE OF ANY LICENSED CONTENT ACQUIRED THROUGH ARTISTIC EXPLOITS SERVICES IS AT THE LICENSEES’ OWN RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ARTISTIC EXPLOITS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE OR ACCURACY OF INFORMATION.
In order to be able to offer any Content for sale or purchase any Content from the Artistic Exploits website, you will first need to register and acquire either an Artists’ account or a Simple User account. Therefore, we kindly remind you that all general website Term & Conditions, Privacy and other Policies shall apply for your use of these services. Prior to making any Content available or making any purchases through our services, we advise you to review all relevant Policies.
Effective October 01 2020