TERMS and CONDITIONS
Terms and Conditions
Love + Water Designs 1,000 Prayers For Japan Project
These are the special Terms and Conditions for the 1,000 Prayers For Japan Project (the “Project”) which are different from the usual Terms and Conditions for Love and Water Designs art submissions (in part in that the winning artist will not receive a cash prize). Each submitting artist participating in a Love + Water contest for must select the “Agree” button to agree to these special terms for this project. As part of the Project, Love + Water will, in addition to running contests, print t-shirts with designs/original works of art from a number of well-known artists who will license their art to Love + Water in accordance with these Terms and Conditions.
1. Each artist herby grants to Love + Water Designs, LLC a non-exclusive license (subject to the restrictions below) to print their submitted design or original work of art on t-shirts and to use the design/work of art in marketing materials and on its website in connection with the Project.
2. Each selected original work of art will be printed on up to 200 limited-edition t-shirts. No additional shirts will be printed without the consent of the artist, and not until the first 200 shirts have been sold.
3. 100% of the profits from sale of the t-shirts, after covering the costs of printing the shirts and any additional costs involved in the process of producing the shirts (as calculated by Love + Water in its good faith, sole discretion), will be delivered to the “Delivering Boots” Project, an endeavor of The Foundation of Broadcasting Music Culture, a Japanese based charity that, in part, provides disaster relief in Japan (the “Charity”).
4. Each artist agrees that it will not receive any fee in consideration of licensing their art to Love + Water and acknowledges that it is donating their work to the Project without expectation of receiving any financial rewards or payments.
5. The term of this license agreement is six months, plus any additional time needed to sell already printed shirts.
6. Semi-Exclusive: The artist agrees that during the term of this license agreement, it will not license the design or work of art for fund raising for any other person or organization; however, the artist retains the right to sell the original work of art during the term and to license the work freely for use after the term. The distribution is all means, territory is the world.
7. The use of the license for each design is only for the Project and the Charity.
8. The artist agrees that its likeness, name and biographical details (i.e. their career highlights) can be used for the promotion of the Project and the Charity.
The above eight items finalize the Terms and Conditions for the 1,000 Prayers For Japan Project. The below Terms and Conditions apply to all other submissions for the Featured Charity Projects and all other Select Projects.
1. THE AGREEMENT
By selecting the “I Agree” button, you are agreeing to the following Terms and Conditions of a binding agreement between Love + Water Designs, LLC (“Love + Water”) and you. This agreement, among other things, may affect your intellectual property rights. You are encouraged to read the Terms and Conditions carefully because the submission by you of a design for a project, which can consist of a combination of words, images, graphics, photography or writing will be subject to these Terms and Conditions. You cannot submit a design without clicking the “I Agree” button.
2. TERMS OF SUBMISSION
You must provide an accurate name and residence address with your submission as indicated. A U.S. post office box number will not be acceptable. By submitting a work you are representing that your name and address is accurate, that you are of legal age to sign a contract and that the signing will not be in violation of any agreements precluding such submission, that the work is original and created by you and will not infringe on another person’s copyright or trademark rights or violate any laws of privacy or right of publicity. You agree that the submission will not be obscene, vulgar or offensive, and Love + Water reserves the right at any time in its sole discretion, without prior notice, to withdraw any work even after it has been accepted and posted. If your work is not selected as a winner you may request that they be withdrawn by sending an email to firstname.lastname@example.org.
Submitted designs become the temporary property of Love + Water to post any or all designs on its website for the purposes of the project and for a period of 30 days from the date of submission. During the 30-day project period, you agree not to license, sell, or submit your design in a manner contrary to the terms herein.
If your design is selected as winner of the project(s), Love + Water agrees to payment terms (as set forth under prizes) and you irrevocably assign Love + Water the permanent exclusive rights to that design for commercial use on products manufactured by or for Love + Water and for all promotional purposes. If you do not agree to these terms, please do not submit designs to Love + Water.
If your design is not selected as winner after the project period, you retain full intellectual property rights to that design and may request to have your design removed from the Love + Water site by sending an email to email@example.com. Love + Water has a reasonable time to remove the design from the site.
3. PRIZES TO THE WINNER OF THE PROJECT(S)
The participant in the project shall submit works inspired by a charity. The winner of a project will receive a cash prize of $150 and Love Shack Points that can be used for purchases of Love + Water products. Winning shirts are determined by assessing a design's total views, average rating, overall comments, votes and the team at Love + Water.
In addition to the above prizes, designers of winning shirts sold on Love + Water will receive the following rewards:
- 500 total shirts sold = a payment of $250 USD
- 1,000 total shirts sold = a payment of $500 USD
- 2,000 total shirts sold = a payment of $750 USD
- 3,000 total shirts sold = a payment of $1,000 USD
- 5,000 total shirts sold = a payment of $1,500 USD
Unless customer demand for a particular winning work is high, Love + Water shall have no obligation to manufacture or promote in any way a product or manufacture or produce a specific number of products based upon a winning work. Love + Water shall make every reasonable effort to include the name of the creator on the work.
4. DONATIONS TO A CHARITY
Love + Water shall donate to the charity that inspired the design 15% of its net profits as defined from products based upon the winning work. The amount of the prizes and donations is subject to change and modification solely in the discretion of Love + Water.
For the monthly featured charity project Love + Water shall donate to the charity that inspired the design 50% of its net profits. “Net Profits” shall mean the gross revenues from the sale of products by Love + Water less cost of goods sold which shall include but is not limited to the costs of manufacture and delivery of the products and before administrative expenses.
You agree to defend and hold harmless Love + Water, its members and team from and against any and all claims, damages, obligations, losses or liabilities and expenses, including attorney fees and expenses arising from your submissions of a work or your violation of a third party contract right, intellectual property rights including copyright, trademark, privacy or right of publicity.
6. COPYRIGHT INFRINGEMENT CLAIMS
Love + Water respects the intellectual property rights of artists and we expect our users and participants to do the same! If you believe that your work has been copied or posted on the Love + Water Website in a way that constitutes copyright infringement, you must send a written communication including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice containing substantially the preceding requirements (please see Section 512(c)(3) of the Copyright Act or consult your legal counsel to confirm these requirements) should be sent to Love + Water as follows:
Love + Water Designs
P.O. Box 286518
New York, NY 10128
Subject Line: COPYRIGHT INFRINGEMENT
Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. (please see Section 512(f) of the Copyright Act).
7. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Neither Love + Water nor its team members shall be liable to you for any damages whatsoever including those damages which are direct or indirect, special, consequential or punitive arising from your submissions, licenses granted hereunder, posting of your works on the website of Love + Water, any errors or omissions related to the posting of your works, or related to any projects or promotions conducted.
Love + Water disclaims all warranties, expressed or implied, relating to the submissions, projects, promotions, prizes or donations or any damage whatsoever relating to your use of the website or any statements in the Terms and Conditions related to the foregoing.
You may not assign this Agreement in whole or in part without the express written approval of Love + Water. Love + Water may assign this agreement at any time without notice.
9. FORUM FOR DISPUTES
The agreement shall be governed by and subject to the laws of the state of New York. You agree that all claims related to the agreement shall be litigated in the United States District Court for the Southern District of New York or in the New York State Supreme Court, New York County, either of which shall have exclusive jurisdiction and venue for all claims, disputes or controversies. You agree to be bound by any decisions or judgments of those courts.
10. OUR COPYRIGHT AND SERVICE MARK
The contents of this website including graphics and photographs (except submissions) are owned by Love + Water and are subject to copyright and other intellectual property rights and may not be copied or reproduced or distributed without the written consent of Love + Water. The service mark Love + Water may not be used without the written consent of Love + Water.
This agreement contains the entire understandings between Love + Water and you with respect to the contents of the Terms and Conditions and supersedes all prior agreements and understandings, and cannot be modified except by a writing signed by all parties.
If either party to this agreement fails to exercise any rights set forth, it shall not constitute a waiver of its rights.
If any of the terms of this agreement is determined to be invalid by a court, such determination shall not affect the validity of any other provision of this agreement.
Love + Water reserves the right to modify the Terms and Conditions at any time.
This agreement does not create or intend to create any agency, partnership or joint venture.
© 2010 Love + Water Designs, LLC –all rights reserved.