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License Terms


1 Selection and Shipment of Images – The customer can select the images from ArtX to fulfill this contract by the following means: a) ArtX will maintain a website where the customer can view and select the images they require. b) If the website is down for any reason ArtX will send within 24 hours from being requested a link with the images in low resolution of the topics the customer requests. c) If the customer country is visited by an agent, a meeting can be set for the selection of the designs. ArtX will have 2 business days to confirm the availability of the images and to send them to the customer.

1.1 The website will be password protected and the customer agrees to store the password in a safe place and not to share it with third parties.

Art X Images shall send the required images by electronic means with system used by the company. ArtX will store the images purchased by the customer for 90 days in the customer Dropbox folder and customer is advised to download and store the images securely for the duration of the contract.
1.2 The client is responsible for the verification of received images on the moment of receipt and in case of problems should notify/contact Art X Images within 14 working days. After this date the client undertakes to pay integrally the total value of the images to Art X Images even if those images are not used by the client.

1.3 Art X Images only accepts the returns within the stipulated time and only in case of proved problems with the image and the impossibility to solve them. Art X Images does not accept any returns in all other cases. After the stipulated time Art X Images shall charge for adjustments.

2. Payments – The rights are valid only upon the full payment and failure to make the payments as agreed will incur in a 10% late fee penalty and a 1% a month interest. Contract will not be cancelled by non-payment and any images sent to customer and carry over images will be billed at full regular rate.

2.1 Taxes – The payment mentioned above is net for ArtX. If ArtX is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where ArtX or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.

3. Carry Over Designs – When signing this contract all images previously purchased from ArtX Images that are still within license period will have their license extended for the duration of this contract. Also, when renewing your contract designs used in the previous period that the customer wants to continue to use, will also have their license extended and will not count toward the contract limit. To use this bonus feature, customer must inform ARTX of their intent of continuing using those designs in written form before the contract renewal so ARTX can block these designs from being sold to other companies.

4. Fair Usage Policy and Exclusions – On the virtually unlimited plans, the limits printed on the contract are agreed between the customer and ArtX, in order to comply with our fair usage policy. If customer needs more designs during the contract period there is no problem to request more designs with a reasonable justification that can be, line expansion, designs for special customers***, etc.

With this policy we want to avoid customer from picking a large number of designs he will not use, only to make them unavailable to other possible buyers.

4.1 When buying collections we advise customer to take all the designs from a collection, since our system only blocks designs, not collections nor styles.

4.2 Royalty Free designs that ArtX may offer are not part of this contract. Those designs will have to be purchased separately, will have no exclusivity, and also the customer can use, modify and exploit those designs in any lawful way they desire with the exception of resale or free distribution of those designs.

*** Customer is allowed to use designs for his customers projects or special orders that he is printing for. Customer is prohibited to sub-license the rights partially or totally to the third parties without written authorization of Art X Images.

5 Rights and Responsibilities – The rights are granted for the territories, duration and uses stipulated in the order. Art X Images is committed not to commercialize the same image for the same use within the same territory for the time period mentioned in the contract.

5.1 The client can modify the original images received in his orders. The creation of only a unique image/design is permitted. It is not permitted to create more than one image derived from the original, otherwise the client shall obtain Art X Images’s written authorization of the created images. The new created image can only be used in the scope of this contract.

5.2 The texts and logos used in our images are just mere suggestions. Art X Images is not the owner of these rights and is not responsible for those. The client is responsible for acquiring such licenses directly from the owners and to check for the available use on their territory product.

5.3 Art X Images is not responsible for existence of model, property, personality and other implications in terms of image and also does not guarantee the precision and trustworthiness of the description of the images, translation or other information contained in the images.

5.4 Art X Images is not responsible for the adjacent rights that can exist on the images. All models, products, logos, symbols, brands, labels, and text on the image can contain the rights of intellectual property of third parties. The client should seek by its own means to obtain the authorization of the rights of third parties if applicable or remove those from the images leaving Art X Images totally free from all kinds of claims or demands made by third parties that may occur being caused by the image usage.

5.5 Art X Images is not responsible for sales made directly by photographers/ photo banks / artists but if the case arise it will replace the image(s) free of charge. The customers will still be able to sell their merchandise and will have a credit of the images because of the non-exclusivity.

5.6 After contract termination customer agrees to delete all images purchased on this agreement and not to use any images or part of it on any product development.

5.7 The client shall not use the images for illegal purposes.

5.8 Art X Images is not responsible for any loss or damage that the client can suffer in case of use of the images.

5.9 Art X Images does not take responsibility for export of products with the images acquired by the clients of other countries but can assist in solving matters amicably. The customer is responsible for all and any legal expenses in case a litigation arises.

5.10 When using third parties to print their products the customer is responsible for signing agreements with their supplier that protects against misuse of the images purchased. We have seen in the past customers using foreign companies to produce their products and them these companies uses the designs for their local market or other international customers. It is the customer’s responsibility to have safeguard in place to avoid the theft of our Intellectual Property and if this happens the customers will be responsible for acquiring a package for the area/product used.

6. Designer Service Hours – In some contracts the customer can purchase designer service hours which can be used for several services as described below and with certain conditions. Extra designer hours will be billed according to the price specified on the contract.

6.1 Designer x Illustrator Hour – The main difference between designer and illustrator time is that the illustrator use is for when the customer asks to design something specific or the amendments needed require specialized illustration skills and are not something that a regular graphic designer can do. When the necessity arises to uses illustration, ArtX will seek customers approval and also will provide an estimate of the time needed to perform the amendments.

6.2 Designer hours can be used for: adjusting existing images to customer liking. Placing logos, applying to templates (provided by customer) creation of simple logos of customers request, changing size and orientation of images, creating brochures, point of sale material, design content for marketing purposes.

6.3 ArtX will not provide templates for customers. It is the customer’s responsibility to provide the templates and explanation on how to apply the designs on it by preferably sending one template each with a design applied to it.

6.3.1 ArtX team will them create ONE item and send for customer’s approval and to test if everything is correct. If any changes need to be made due to ArtX team error, those changes it will be made without billing any extra time.

6.3.2 After the customer approves the first sample and ArtX sends the complete job, if something goes wrong due to customers misinformation or lack of checking the first sample appropriately the time needed to fix the issue will be billed to the customer.

6.3.3 If after the first sample is approved ArtX makes a mistake on the next ones it will be ArtX obligation to fix any errors without billing the customer.

6.3.4 The customer is required to check all files received to make sure they are free from errors before mass production. ArtX will bear no responsibility for files printed wrong or for misspelled text.

6.4 Works created specifically for the customers and Illustration hour packages will be owned by ArtX and will be licensed to the customer during the duration of the contract. If customer requires any design with outright rights these have to be quoted aside this contract.

6.5 The Illustration hours can be used for the creation of special designs that we may not carry on our collection. ArtX will provide an estimate of time for the job upon receiving the briefing from the customer and will inform if we don’t have the expertise on such style.

6.6 Extra designer hours will be billed bi-monthly and will have a 4% credit card processing fee. If payment is sent by wire transfer, please make sure to send fees for both sender and receiver. Any fees charged by the bank will be billed on the next cycle.

7. Samples – ArtX may request from the customer up to 2 samples of each product manufactured using its products. Those samples will be supplied free of charge by the customer and sent by courier as per ArtX instructions on the occasion. Couriers and Customs Clearance charges for the shipping of samples will be covered by ArtX.

8. Termination – Upon termination of this contract the customer is allowed to sell of any printed merchandise for the period of six months and is required to safely destroy all images and new created images using ArtX material. Customer will also provide ArtX with access to its catalogues for a period of up to 5 years for the verification of any image used. Any images full or partial or designed with a style that is obviously similar to what the customer had before from ArtX will be subject to full license charge.

9. Miscellaneous – Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. ArtX Images shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of ArtX Images, such action is necessary or desirable.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.

In the event of any conflict between these Terms of Use and any license agreement you enter with ArtX Images, the terms of such license agreement shall control.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or un-enforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

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