This Artists Agreement is a legal agreement between you (either an individual or a single entity) (the “Artist”) and Gallorey Company having its office, headquarters and principal place of business at 18420 Tipsico Lake Rd, Fenton, MI 48430 USA (the “art gallery” or “Gallorey”) for purposes of expressing the terms of the relationship. These terms and conditions are applicable to Artist upon accessing the website of Gallorey by your or on your behalf, registering on the website and/or uploading or otherwise posting artwork on the website, whether for sale, licensing or exhibition. Alternatively, by clicking “accept”, “agree” or “I agree” that you warrant that you have read this agreement and accept all the terms contained herein.
- How Gallorey works for Artists
Artist will create portfolios of their Artwork (works) with the intent for users of Gallorey (customers) to view on Gallorey’s website or application while reading with the option of purchasing for viewing. Customers may purchase portfolios for the right to view its contents rights only, not to own. The work is defined as uploaded content by the Artist offered for sale, licensing or exhibition.
Gallorey does not own your work, you do. Gallorey is an online art gallery web based platform which allows you to upload your work for sale and exhibition.
Artists can set prices for their works and Gallorey will take a flat percentage of every sale as its commission. The current percentage is 80% to Artists minus credit card processing fees. Payment made from customer to Gallorey will later be distributed to Artist less the commission.
The Artist has discretion how much to charge for its work to customers, may offer discounts, different formats and other operational flexibility.
- Gallorey is the exclusive online Art Gallorey for Artists
Gallorey appreciates that there is significant upfront time and effort Artists must put into developing their online portfolio and as such, Gallorey desires to be the exclusive online art Gallery for Artist’s work that it displays and offers to sell on Gallorey’s website.
In order to maximize your return on investment of time and effort and to minimize widespread free or below cost distribution of your work to customers, you agree that Gallorey will be the exclusive online provider to sell your work and that the Artist will not sell or attempt to sell its work online or on other websites without permission of Gallorey.
In certain situations where Artist wishes to display artwork elsewhere online, prior to doing so they can seek permission from Gallorey who in their sole discretion can choose to allow this. An exception made once does not entitle Artist future waivers or permission beyond what was originally permitted. Gallorey can also retract permission at any time and Artist must comply by taking down work from third party websites.
Should you wish to present or sell your artwork elsewhere, Artist can do so only after 90-days after you expressly terminated the relationship with Gallorey. Should Gallorey terminate the business relationship, you can sell your work immediately thereafter.
- Artists Rights and Warranties
The Artist owns the rights to its uploaded drawing, painting, graphic design or other creative works subject to U.S. Copyright laws. The artistic rendition, creative work or anything uploaded to Gallorey’s website offered for sale or use by Artists shall be included in the term “the work.”
Gallorey is a third party online art gallery for purposes of displaying and selling your artwork in a novel and creative way, inspired by books and stories.
The Artist warrants that he or she owns 100% of the work. To the extent Artist does not exclusively own 100% of the work, Artist represents that he/she has permission of co-creators and/or co-authors to upload and exploit the work on Gallorey’s website
The Artist represents and warrants that any co-creators or co-authors have relinquished all rights to apportionment, money or credit should their information be omitted. To the extent they have not, Artist agrees that full restitution, reimbursement, royalty, or any payment at all is the exclusive obligation of Artist and not Gallorey.
The Artist agrees that it will not upload content to Gallorey’s website or sell work that it does not own and/or is not authorized to sell.
Artist agrees to keep all information up to date and accurate and further warrants the work to be original, and not subject to any copyright or trademark infringement, or any criminal activity.
Artist warrants that its work is primarily artistic content as defined as being created with imagination and skill and that is beautiful or that expresses important ideas or feelings and not created for offensive, pornographic or vindictive purposes.
- Gallorey’s Rights and Warranties
Artist agrees to allow Gallorey to use its works to advertise and promote its services.
Gallorey will make efforts to secure Artist content and data from unauthorized distribution, hacking, reproduction and exploitation. However, Artist holds Gallorey and its principles harmless in the event of a hack or unauthorized distribution, copying, downloading, reproduction or violation of Artists copyrights, right of publicity, trademarks or for reputational harm.
The Artist gives permission via irrevocable perpetual license to Gallorey to use its name, logos designs, trademarks, biography, and works to promote the Artist, to promote Gallorey or in other creative or commercial ways with the intent to attracting customers and business to Gallorey and Artist.
Gallorey makes no warranties regarding contests or their results.
Gallorey, this site and the materials on this site are provided “as is” and without warranties of any kind, whether express or implied. There is no warranty that Artist will make any profit or compensation of any kind. To the fullest extent permissible pursuant to applicable law, Gallorey disclaims all warranties, express or implied, including, but not limited to, implied warranty of merchantability and fitness for a particular purpose and non-infringement. Gallorey does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that, this site or the server that makes the site available are free of viruses or other harmful components.
Gallorey does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Gallorey disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and Documentation. Any implied warranties that cannot be excluded are limited to ninety (90) calendar days or to the shortest period permitted by applicable law, whichever is greater.
Gallorey shall not be liable for any special or consequential damages that result from the use of, or inability to use, the materials on this site or the performance of the software, even if Gallorey has been advised of the possibility of such damages. In any case Gallorey’s entire liability under any provision of this Artists Agreement shall be limited to the amount actually paid by customers to Gallorey less commission and credit card processing fees. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
Should Gallorey mistakenly list Artists work at an incorrect price, Gallorey reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Gallorey reserves the right to cancel or refuse any orders whether or not the order has been confirmed and credit card charged. In the event Gallorey overpays Artist, Artist agreed to promptly reimburse Gallorey for its accounting error.
Artist agrees to indemnify, defend and hold harmless Gallorey, its officers, employees, directors, agents, licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent and wrongful conduct) by you or any other person accessing the site using your account.
Artist will reimburse Gallorey for all fees in connection with resolving conflicts or disputes brought by third party against Gallorey by alleged co-authors, co-creators or claims of infringement by authors of third party creative works (“claimants”) which will typically be done upon request or notification.
Artist agrees that Gallorey will resolve disputes brought by claimants in its sole discretion.
Regardless of whether Artist agrees with the determination of Gallorey regarding dispute resolution, its principles, employees or attorney(s), Artist agrees to reimburse Gallorey for all costs and fees in connection with disputes, conflicts or claims asserted against Gallorey by claimants, including but not limited to reimbursement for money paid out, experts and its own attorney’s fees.
- Terminating the Relationship with Gallorey
Artist termination: To terminate the relationship with Gallorey, Artist must send notice to Gallorey firstname.lastname@example.org and confirmation receipt must be received by Artist from Gallorey. Should no confirmation receipt be received, call customer service at (866) 698-5311. Although every effort will be made by Gallorey to remove Artists works for sale, Artist understands and agrees that it may take up to 90 days to terminate offerings, exhibition or sale of its work. In the unlikely event that Artists works is still be sold after 90 days, Artist waives all legal claims against Gallorey for copyright infringement, breach of contract, unfair trade practices and other causes of action in connection with the unintended overage and holds Gallorey harmless. However, should Artist request Commission be waived after the 90-day period, Gallorey will do so unless it was unclear to Gallorey that Artist had terminated the relationship.
Gallorey termination of Artist: Artist understands and agrees that Gallorey can terminate the relationship at any time which includes deactivating and/or taking down artist portfolio at any time and for any reason, without prejudice to Gallorey with all rights reserved.
Gallorey in its sole discretion can choose to withhold funds from disbursement to Artist from Artist sales in anticipation of covering damages, fees or costs under the terms of this agreement. Artist agrees that Gallorey may use funds from the sale of Artist’s works to reimburse itself for costs, fees and damages paid in excess to Artist or costs, fees and damages under the terms of this agreement.
Artist agrees that Gallorey has an interest in protecting and promoting a positive reputation and may post content using Artists name, trademark, logo, designs and artwork after termination to promote its services, protect its reputation or to address news worthy items. Artist consents to any and all content utilizing his or her image, name, trademarks, biography, and works regardless of how it is used or it being negative or positive for Artist.
Artist agrees that he or she will not post defamatory, untrue statements or cast in a negative light Gallorey, its employees, owners, other Artists on Gallorey or Users (“targeted individual”). Should Gallorey in its sole discretion determine that Artist has cast any of these persons in a negative light, Artist will immediately retract, take down or otherwise use best efforts to mitigate damage to reputation of the targeted individual or entity upon reasonable notice. Should Artist be ineffective, Gallorey may at its sole discretion utilize a reputation service or attorney to attempt to mitigate damage to the targeted individual and Artist agrees to cover this cost.
Gallorey may deliver notice to Artist by means of e-mail, a general notice on the site, changing these terms and conditions, or by other reliable method to the address you have provided Gallorey. Should these terms and conditions change, all new terms shall apply moving forward in time. This version Artists Agreement was created on April 10, 2016.
- Survival of Terms Post-Termination.
These terms and conditions may be terminated or amended by Gallorey without notice at any time, for any reason. Terms relating to copyrights, trademarks, disclaimer, limitation of liability, indemnification, miscellaneous, shall survive termination.
This Artists agreement, terms and conditions herein shall be governed by and construed in accordance with the laws of the State of Illinois. You agree to the exclusive jurisdiction of the courts of Chicago, Illinois or the United States District Court of the Northern District of Illinois.
This Artists agreement, terms and conditions herein (including any addendum or amendment and subsequent updates) is the entire agreement between Artist and Gallorey If any provision of this agreement is held to be void, invalid, unenforceable or illegal in the state or country in which you reside only if the above term is inapplicable (i.e. Michigan law), the other provisions shall continue in full force and effect.
Failure or delay by Gallorey to exercise any right under this Artists Agreement will not operate as a waiver of such right. For a waiver of a right to be effective, it must be in writing signed by Gallorey. An effective waiver of a right shall not be construed as either a future or continuing waiver of that same right or the waiver of any other right.
Artist agrees they will not make false statements and/or notifications, including registration of email addresses belonging to other parties, wrong names or addresses that identify the user; communicate to other users, the artist or Gallorey or otherwise broadcast language or images that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
You represent that you have full power, capacity and authority to accept the Artists Agreement. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity or if a minor, that a parent or guardian consent to and accepts these Terms.