Design submission agreement


This Design Submission Agreement ("Agreement") shall be between you as either an individual artist or as the legal authorized representative of a group of artists (individually and collectively "Artist") and Blurtt, Inc. ("Blurtt") concerning the uploading of Artist's Design to the Website or any successor(s) websites and/or websites to which the contents in whole or in part of the website are assigned to Blurtt and concerning Blurtt’s use of Design. If Artist is agreeing on behalf of a group of artists then each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as the case may be.   This is defining two parties you the artist, and us Blurtt. It also says that if you represent multiple artists, these terms apply to each individual artist in your organization.
By selecting "I Agree" and in consideration of Blurtt evaluating your Design for its possible use on Blurtts (which shall include but not be limited to any physical card or derivation thereof and any possible subsequent products ("Blurtts”)), Artist agrees to the following terms and conditions:   This says that if you press “I agree” you agree to all the follow terms.

I. TERM

    
The term of this Agreement starts on the date that the Design is initially uploaded to any Blurtt Site(s) or is submitted in any other way to Blurtt and continues until either Artist or Blurtt terminates this Agreement in writing, with or without cause or in accordance with Section XI below.   This says that this agreement begins as soon as you submit a design to blurtt, either through uploading or some other means.

II. ASSIGNMENT OF RIGHTS

    
 If Artist’s Design is selected for use by Blurtt, Artist agrees to assign to Blurtt and any of its subsidiaries or affiliates the entire right, title, and interest in and to the copyright in Artist’s Design including the right to sue for past infringement and the right to further sublicense the Design, for its sole and exclusive use on and in connection with the Items.   This states that if your design is chosen by us, then you are giving Blurtt the entire rights and copyright of the design for 90 days
 Artist also agrees not to assert against Blurtt any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Design. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Design will not assert any rights of privacy, publicity, moral or similar rights under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement.    

III. USE OF WORK BY BLURTT 

    
If your Design is selected, Blurtt may use the Design in any manner on or in connection with the Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on the Blurtt website and on promotional materials for Blurtt, and registering the Design with the US Copyright Office in the name of Blurtt as the Claimant, and you as the Author. You agree to provide Blurtt with information as may be required in order to register the copyright in the Design if Blurtt so requests, at no additional cost.   This says that if we choose to use your design, we can print it on our cards as well as use it on our website and change the color or size of your design. We can also register your design with the US Copyright office with you as the author.
You may use or continue to use the Design for any other purposes, except those described below.    

IV. USE OF WORK BY ARTIST

    
If the Design is selected, Artist may not use the Design (or derivatives of the Design) or allow others to use the Design or derivatives of the Design. In addition, by submitting the Design, Artist may not reproduce, sell, or submit the Design to others for any commercial purpose for 90 (ninety) days after the date of submission while the Design is being evaluated by Blurtt. Once the 90 (ninety) days have passed   This states that if we choose your design, you can’t reproduce, sell, or submit the design elsewhere for 90 days.
if the Design is not chosen for print by Blurtt, Artist is free to use the Design for any commercial or non-commercial purpose. However if the Design is used elsewhere, Artist must notify Blurtt about where and when the Design will be used, so that it can be removed from the Blurtt website at that time. Blurtt reserves the right to choose the design after the 90 (ninety) days have passed, on the condition that the design has not been used for commercial purposes.   If we don’t choose your design, you can use it elsewhere, but we ask you to inform us if you are using it elsewhere so we can remove it from our website.
Artist acknowledges that Blurtt reserves the right to decline to select a Design for consideration for any reason.   We can decline to use your design for any reason.

V. PAYMENTS TO ARTIST

    
If the Design is selected for use by Blurtt, Artist will receive 5% of sales of Blurtt utilizing the Design printed upon them.   If your design is selected, you will get 5% of every blurtt card we send out with your design on it!
Blurtt reserves the right to change these payment terms at any time, by notice to be provided by posting to the Blurtt website. Any changes will be effective upon posting. Payment will be based on the terms in effect when your Design is selected.   We can change these payment terms at any time, by posting a revision to this page. Whatever it states here at the time your design is selected is the amount of payment you will receive.
Artist alone shall be responsible for the payment of any tax that arises as a result of receiving payment from Blurtt.   You are responsible for paying any tax associated with payments from us to you.
Payment will be sent within ninety (90) days after Blurtt receives hi-resolution artwork deemed suitable for print. If the hi-resolution artwork is not deemed suitable for print as determined by Blurtt, Artist will be notified of the reason(s) for its determination by email and will make a good-faith effort to assist in presenting a suitable hi-resolution format.   Payment will be sent 90 days after hi-resolution artwork of an accepted design is received. If your design is not hi-res enough for print, we will contact you and try our best to get your design up to spec.
Artists who, in the opinion of Blurtt, do not comply with these Design Submission Terms and Conditions, or for any other reason at Blurtt’s sole discretion, can at any time be excluded from consideration without notice. The decisions of Blurtt are final and binding.   If you do not comply with these terms you can at any time be excluded from consideration without notice.

VI. REPRESENTATIONS AND WARRANTIES

    
Artist represents and warranties that:
  • Artist has the full right and power to enter into and perform this Agreement and to grant Blurtt all rights to use the Design as contemplated in this Agreement,
   We assume you have the right to submit the design you are submitting.
  • Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Blurtt the rights to use the Design set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Content)
   We assume you have obtained any consent, rights, licenses, and permissions to submit your design to blurt.
  • The Design (and Blurtt's use of them in accordance with this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, intellectual property, right of privacy or publicity or moral rights of any third party,
   The design you are submitting does not infringe on any rights, trademark, copyright, patent etc.
  • All information that Artist has provided or will provide to Blurtt is true and complete,
   You are not lying…
  • The Design does not and will not violate any law, statute, ordinance or regulation
   Your design isn’t breaking any laws.
  • The Design does not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
   Your design isn’t harmful…
  • The Design does not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Blurtt or any third party, and
   Your design isn’t trying to take down our website…
  • If Artist or any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement.
 		   We assume if you are a minor you have the legal right to enter into this agreement
These warranties shall survive any termination of this Agreement.    

VI. PROHIBITED SUBMISSIONS

    
Submitting any of the following is strictly prohibited, and may result in a lifetime ban from further submissions or legal action:   If you submit any of these you may get a lifetime ban.
  • Illustrations traced or derived from images that Artist does not own the copyright to (such as images found on the Internet, images scanned from books or magazines, other artists’ work, etc.),
  • Illustrations containing recognizable faces or property without a signed release,
  • Illustrations containing embedded copyright notices, personal signatures or watermarks,
  • Illustrations containing copyrighted/trademarked/patented products,
  • Maps and globes traced from copyrighted sources and
  • Illustrations containing logos and trademarks
    
Ultimately the Artist is responsible for the content of all designs. As such, it is very important that you take the time to research the images that are submitted and to ensure that any reference material is on hand in case of a dispute regarding the ownership of Artist’s images.   In essence you the artist are responsible for the content of the design you are submitting.

VII. THIRD PARTY PAYMENTS

    
Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Content.   You are responsible for any payment obligations in connection with what you are submitting.

VIII. BLURTT WEBSITE

    
Artist acknowledges and agrees that the operation of the Blurtt Website(s) may, from time to time, encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Blurtt will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of the Blurtt service   There may be bugs with our site.
There are no assurances whatsoever that any of the Designs will actually be used on the Blurtt Site or if used will continue to be available for any particular time. Blurtt has the right, in Blurtt's sole and absolute discretion, to remove from the Blurtt Website(s) at any time the Design or any part of them and/or to revoke any sublicense granted by Blurtt to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Blurtt does not control the content of the Design and does not have any obligation to monitor the content of the Artist’s materials for any purpose or reason. Artist acknowledges that Artist is solely responsible for all content submitted to the Blurtt Site(s) by Artist. The Blurtt Site may be discontinued at any time, with or without reason and all Artist materials uploaded to Blurtt may be removed and unavailable for recovery by any means. Artist and only Artist is responsible for maintaining at Artist's expense and in facilities owned or controlled only by Artist any and all original materials or so-called back-up copies of all or any part of the Content.    

IX. INDEMNIFICATION

    
Artist agrees to defend, indemnify, reimburse and hold Blurtt and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:   Basically you bare the cost of anything dumb you decide to do.
any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and

Artist's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Content as provided in this Agreement.		    

X. EXCLUSION OF DAMAGES

    
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL BLURTT, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT BLURTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE BLURTT WEBSITE(S). IN NO EVENT SHALL BLURTT 'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED THE AMOUNT PAID TO ARTIST. THE PARTIES ACKNOWLEDGE AND AGREE THAT BLURTT HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND BLURTT, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.    

XI. TERMINATION

    
To the extent this Agreement is terminated by Artist, the rights granted in this Agreement will terminate only after Blurtt has received notice of the removal. If this Agreement is terminated by Blurtt, this Agreement will terminate when Blurtt removes Design from the Blurtt website. If the Agreement is terminated in these ways, the parties agree to cooperate reasonably in providing an orderly termination of the relationship. This Agreement shall automatically terminate if, after 6 (six) months after original submission of Design, Blurtt has not received any orders or has not used the Design. In such event, all rights shall revert back to the Artist and this Agreement shall be terminated without notice to either party.    

XII. MISCELLANEOUS

    
Governing Law. This Agreement shall be governed by the laws of the State of Illinois without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted exclusively in a state or federal court located in Illinois. Artist and Blurtt agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Entire Agreement; Waiver; Headings. Unless otherwise modified by Blurtt elsewhere in writing, this Agreement constitutes the entire agreement between Artist and Blurtt regarding the submission of Designs to Blurtt. The failure of Blurtt to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Modification. Blurtt reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Blurtt may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by Blurtt on the Blurtt website(s), for all Artists who first submit content after the posting, or (2) 30 (thirty) days after posting by Blurtt on the Blurtt website(s), for all existing Artists. If Artist continues to upload Designs after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Designs. If Artist does not accept the new terms of the Agreement, Artist's only and exclusive remedy will be to terminate this Agreement in accordance with its terms. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement. Notice. Blurtt may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the website(s). Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Assignment. You may not assign this Agreement without the prior written consent of Blurtt. All rights you may have under this Agreement automatically terminate upon your death. By checking the “I Agree” box you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you may not submit a design for consideration by Blurtt.    
 
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