Artist Policies
Introduction
Dreamwall.in Art Gallery is a platform for contemporary artists, providing tools
and resources to enable artists to pursue their artistic and professional goals.
Artists can have their galleries on our website from which their artwork (both
originals and prints) may be viewed and purchased by online customers.
Policies
Dreamwall.in has several policies that govern use of the www.dreamwall.in
website and service by member artists.
General-
This Artist Agreement (this “Agreement”) sets forth the terms and
conditions under which www.Dreamwall.in, and TAO Communications, Pune
enterprise offers you (“Artist” or “you”) access to the Artist Corner Art Gallery”)
(the “Gallery operated at www.Dreamwall.in (the “Website”), through which you
may share and display digital images of artwork and/or offer for sale original
artwork or reproductions thereof (the “Artwork”).
Changes-
Notices. In addition to the provisions of this Agreement, specific pages
on the Website may set out additional terms and conditions, all of which are
incorporated by reference into this Agreement. Terms and conditions may be
changed or updated at any time upon notice to you. You agree to accept delivery
of any such notice, or any other notice regarding your account or the Art Gallery,
via the email account address you have most recently registered with us. It is your
responsibility to review any such change notices or check the Website from time to
time to be sure you understand the terms and conditions and are in compliance
with them. In the case of inconsistencies between this Agreement and any
information provided on the Website or in online or off-line materials (e.g.
promotional materials and mailers), this Agreement will always control the final
authority of decision-making.
Compliance with Terms-
By using the Gallery services, you indicate that you accept
the terms and conditions of this Agreement and any subsequent modifications.
Your participation in the Gallery is entirely conditioned on and subject to your
compliance with this Agreement. If at any time you do not agree with this
Agreement, you have the full right to discontinue your membership. The Gallery is
offered only to participants aged 18 and above. By participating in the Gallery, you
acknowledge that you are 18 or older.
The Gallery
The Gallery provides for artists to promote their Artwork, express
their artistic views and sell reproductions and original copies of their Artwork.
Artworks requested by you to be made available for sale may, pursuant to the
terms of your membership, be made available for sale on or through:
(i) www.Dreamwall.in, (ii) catalogs distributed by us or (iii) any other sales channel
we reasonably determine to use in the future channel of sales. The terms of the
membership levels offered through the Gallery, and the benefits and costs of each,
are set forth on the policies page.
Art Gallery and Artist Content-
Art Gallery will serve to identify you as a Gallery
participant. You shall not use any trademark of any other person or entity in their
display name or gallery name, and, as between us and you, you gain no trademark
rights in your display name or gallery name. The establishment and hosting by us
of an Art Gallery for you does not constitute any assignment or transfer to you of
ownership in any domain property of ours, or intellectual property. You
acknowledge that your artwork will be publicly available. You are responsible for
evaluating and bearing all risks associated with the public availability of your
artwork. We shall have no obligation or responsibility for registering the copyright
in any artwork.
Use of Art Gallery-
We may add or remove artwork from your Art Gallery as per
the terms of this Agreement. You agree and acknowledge that your artwork does
not violate our policies.
Content Policy -
The rules detailing the limitations on the subject matter that
member’s artwork may portray. You will be solely responsible for all elements of
the artwork distributed by you. The sole responsibility of the authenticity of the
material solely lies with the artist. You agree that we have the right to screen all
your artwork for compliance issues. If you believe that your artwork has been
copied by another person and appears on the Website in a way that constitutes
copyright and/or trademark infringement, please report it to us. We reserve the
right to discontinue publishing your work on our website if policies are violated. If
one of your images is reported for violating our Content Policy, the image will be
immediately removed from the website and then reviewed by us to determine
whether such reporting was justified. We reserve the right to terminate your
account for repeat abuses of our Content Policy.
Privacy Policy -
The rules governing how we will use and not use artist
information. Artist’s account details such as Bank Account, Pan Card, Etc. will
remain strictly confidential withDreamwall.in. Under no circumstances it will be
misused.
Artist’s Agreement
Applicable to member artists, with specific provisions governing use of galleries,
sales of works, royalties, and other topics relevant to our members.
Sale of Reproductions-
For sales generated from www.Dreamwall.in, you will earn
royalties on sales of print reproductions of your Artworks at a rate of 30% of the
Net Revenue (as hereinafter defined). Artworks requested by you to be made
available for sale as either Poster Prints, Wall Mural, Wall Decal or Wallpaper
Prints may be made available for sale through the Channels. The royalty will be
applied against the actual sale price of the print, net of discounts, promotions,
taxes, duties, shipping costs, the value of other services sold in conjunction with
products (such as framing or mounting), and amounts returned for fraud, bad
debts, returned goods and chargebacks Revenue. No royalties will be owed or
payable on the sale of items that violate the Policy or this Agreement.
Sale of Originals- For original artwork sales generated from www.Dreamwall.in you
will earn royalties at the rate pre-negotiated between Dreamwall.in and the artist.
We provide a venue for you to sell original Artworks via the Art gallery. You hereby
acknowledge and understand that you are responsible for (i) collection of payment
for any original Artwork sold; (ii) delivery of any original Artwork sold, insurance
and any risk of loss; (iii) all applicable taxes and costs incurred related to any sale
of original Artwork; (iv) resolution of any disputes arising from the sale of original
Artwork; and (v) researching and complying with any applicable laws, restrictions,
regulations or manner of sale or exchange that may pertain to transactions of the
original Artwork. Any change of status of availability must be updated within 48
hours of such change in status. If we receive complaints from users who contact to
buy original Artwork listed as being available for sale when it is not, your
membership with the Forum may be subject to termination. As the creator of your
Artwork, you are the owner of the copyright to your Artwork even if you sell the
original Artwork to someone else. So, even if someone else buys your original they
do not own the reproduction and other copyrights to the Artwork itself, unless you
specifically draw up a contract to reflect that you have transferred such rights to
that person.
Royalties & Payments-
The royalty will be applied against the actual sale price of
the print, net of discounts, promotions, taxes, duties, shipping costs, the value of
other services sold in conjunction with products (such as framing or mounting).
Post a sale, a notification will be sent to you by the Dreamwall.in automated
system, the amount will be transferred to your account within 7-10 working days.
Terms Of Use -
You consent to receive communications from us by e-mail. You
agree that all agreements, notices, disclosures and other communications that we
provide to you by e-mail satisfy any legal requirement that such communications
be in writing. Dreamwall.in will have complete authority over the use of artist’s
artwork material. Any decision on selling, pricing and publishing will be at
Dreamwall.in’s discretion only.
License Grant -
You retain all copyrights to your Artworks provided, however, you
grant to us a non-exclusive, transferable, worldwide, royalty-free license to (i)
reproduce and sell reproductions of your Artworks (and cropped or re-sized
modifications thereof and (ii) digitally reproduce, publicly display and otherwise
utilize your Artworks (and watermarked, cropped or re-sized modifications
thereof) and other Artist Content to advertise, market, promote, and publicize
your Artwork, the Website and our other offerings in any manner, including, but
not limited to, the channels of sales.
Binding Agreement-
This Agreement constitutes your legal, valid, and binding
obligation, enforceable against you in accordance with its terms.
Rights-
You possess all rights in and to all elements of the artwork necessary to
grant us the rights granted by you in this Agreement, and you agree to provide us
documentation evidencing the same upon request.
No Conflicts-
No third party possesses any license or other rights with respect to
any element of the Artist’s artwork that would prohibit or impair our ability to
exercise fully the rights granted by you in this Agreement, and you may not falsely
state or otherwise misrepresent your affiliation with any other person or entity in
any way.
Classification-
We reserve the right to categorize and re-categorize elements of
your artwork submitted to the Website, including the Artist Corner, within our
subject classification taxonomy, as may be modified from time to time by us in our
sole discretion.
Compliance and Non-Infringement-
All elements of the Artist artwork should
comply with our Policy. No element of the Artist artwork will: (i) violate any
applicable law, rule or regulation (including, but not limited to, laws relating to
false or deceptive advertising); (ii) be libelous; or (iii) will violate, misappropriate
or infringe upon any intellectual property right or other right of any third party
(including, but not limited to, contractual rights, trademark rights, copyrights,
trade secrets, moral rights, or rights of privacy or publicity).
Compliance with Laws-
All elements of the Artist artwork should comply with our
Policy. No element of the Artist artwork will: (i) violate any applicable law, rule or
regulation (including, but not limited to, laws relating to false or deceptive
advertising); (ii) be libelous; or (iii) will violate, misappropriate or infringe upon
any intellectual property right or other right of any third party (including, but not
limited to, contractual rights, trademark rights, copyrights, trade secrets, moral
rights, or rights of privacy or publicity).
Use of Logos and Trademarks; Proprietary Rights-
We reserve the right to display
any of our trademarks, trade names, designs and logos on any part of the Website,
including the Art Gallery. You may not purchase or register domains keywords,
AdWords, search terms or other identifying terms that include the words artist
corner, or Dreamwall.in or any variations or misspellings.
Communications with Minors- the Website and the Gallery are directed and made
available only to users 18 years old or older. If, at any time, we discover that you
are using the Gallery for any reason other than as in accordance with this
Agreement, your relationship with us and your participation in the Gallery will be
terminated immediately.
Other Restricted Activity-
You will not submit any unsolicited or unauthorized to
www.Dreamwall.in. You shall not or otherwise harass any Dreamwall.in employees,
and their directors, officers, agents, shareholders, partners, members, and other
owners, against any and all claims, actions, demands, liabilities, losses, damages,
judgments, settlements, costs, and expenses.
Termination of Agreement-
We may also in our sole discretion and at any time
discontinue publishing artist material on our website, with or without notice. We
shall have no obligation to preserve or return to you any images, files or other
Artist Content related to your account. Should you object to any terms and
conditions of the Agreement or become dissatisfied with the Website in any way,
your only recourse is to immediately discontinue your use of the Website and/or
terminate your account.
