In
this agreement
"The
Artist" means
the artist who produces the original artwork from which the prints to be sold
on the apob website are produced.
“apob Limited Editions” means the website
www.apob.co.uk.
“Us”
means the website www.apob.co.uk.
"Carrier"
means any person or business contracted by us to carry Goods from us to the
customer.
"Goods"
means the goods we offer for sale on our website.
"Our
Website" means the website www.apob.co.uk
"Our
Partners" means third party websites or companies who send visitors to
apob.
“Content
suppliers” means any third party websites or companies who provide us with
information and content for Our Website.
“Content”
means the content on www.apob.co.uk.
“Limited
Editions” means a limited number of reproductions of a particular piece of
artwork created by The Artist.
“Printshop”
means the apob Limited Editions Printshop on the apob.co.uk website.
“Licensor”
means the artist or artist’s estate
“Licensee”
means www.apob.co.uk
This
document explains the terms and conditions between “The Artist” and “apob
Limited Editions”.
1.1.
The Artist grants apob
Limited Editions exclusive rights to create Limited Edition prints of each of
the artworks submitted to the apob Printshop for sale on Our Website.
1.2.
The artist confirms that
no other print has been, is being, or will ever be made from the whole, or any
part of the original work or image outside of this edition. This is to
guarantee the integrity of each edition and to ensure the future investment
value of the prints we are creating for our customers. Similar original works
constitute different originals and can be the basis for further print editions,
although all concerned should be aware of the likely negative impact on
consumer confidence of this practice. It is not recommended.
1.3.
The Artist agrees that
no part or whole of a print published as a limited edition should be reproduced
in any other form anywhere in the world by The Artist or his or her heirs,
except for the sole purpose of promotion, eg in a brochure, sales literature or
in a book.
1.4.
The Artist gives apob
Limited Editions non-exclusive rights to use any of the images of their work on
our website and the websites of our partners.
1.5.
The Artist consents to Our
Partners using their images in order to promote apob Limited Editions as part
of our affiliate program.
1.6.
The Artist contents to
apob Limited Editions using their images in publicity material.
2.1.
The Artist confirms that they hold all relevant copyright
for all images provided to apob Limited Editions and have cleared any and all
third party rights.
2.2.
Copyright in artworks is
retained by the artist. Our Website and the photographs and images contained
therein are copyright apob Limited Editions.
3.1.
The Licensor agrees that
no previous reproductions have been made and that neither they nor their heirs
will allow an image to be published again.
3.2.
apob Limited Editions
promises not to exceed the agreed print run, and all matrices and/or
origination materials and overs have been or will be destroyed on completion of
the print run/edition size.
3.
While the help of the
artist in determining the value of the prints for sale on apob Limited Editions
is strongly welcomed, all final decisions on price of items for sale on apob
Limited Editions are to be made by apob Limited Editions.
4.
Certificates of
authenticity will accompany all prints created by apob Limited Editions. These
certificates may be sent out separately from the artwork itself, and will be
signed by the artist as proof of the artworks authenticity.
6.1.
The artist will receive
commission on each print sold. The value of this commission will be 30% of the
retail price of the print, (excluding any postage and packing charges).
6.2.
apob Limited Editions
will pay The Artist commission generated from the sale of their prints at the
beginning of every month when a sale has been made in the previous month.
Payment will be sent by cheque or online payment as decided between apob
Limited Editions and The Artist.
7.
Artist proofs will be
made available to The Artist at the Artists’ discretion, before any further
prints are created. However The Artist will be required to cover the costs of
production and delivery of the proof.
8.
apob Limited Editions
will run an affiliate program to help promote Our Website. Whereby owners of
websites will be able to advertise apob Limited Editions and direct users to
Our Website. apob Limited Editions will pay a commission on all sales generated
by these users. The affiliate commission will be between 15% and 20% of the
retail price of the artwork sold, (excluding postage and packing charges).
Artists are also allowed to join the affiliate scheme and receive the affiliate
commission in addition to their artist commission.
9.
We or our Content
suppliers may make improvements or changes to Our Web Site, the Content, or to
any of the Goods, at any time and without advance notice.
9.1.
Our Website contains
links to other Internet web sites. We have neither power nor control over any
such web site. You acknowledge and agree that we shall not be liable in any way
for the Content of any such linked web site, nor for any loss or damage arising
from your use of any such web site.
9.2.
We are not liable in any
circumstances for special, indirect or consequential loss or any damages
whatsoever resulting from loss of use, loss of data or loss of revenues or
profits, whether in an action of contract, negligence or otherwise, arising out
of or in connection with your use of Our Web Site or the purchase or sale of
Goods.
9.3.
In any claim against us
our liability is limited to the value of the goods purchased in the contract
which is the subject of the dispute.
10.
If any of these terms is
at any time held by any jurisdiction to be void, invalid or unenforceable, then
it shall be treated as changed or reduced, only to the extent minimally
necessary to bring it within the laws of that jurisdiction and to prevent it
from being void and it shall be binding in that changed or reduced form.
Subject to that, each provision shall be interpreted as severable and shall not
in any way affect any other of these terms.
11.
No waiver by us, in
exercising any right, power or provision hereunder shall operate as a waiver of
any other right or of that same right at a future time; nor shall any delay in
exercise of any power or right be interpreted as a waiver.
12.
In the event of a
dispute arising out of or in connection with these terms or any contract
between you and us, then you agree to attempt to settle the dispute by engaging
in good faith with us in a process of mediation before commencing arbitration
or litigation.
13.
You agree to indemnify
us against any claim or demand, including reasonable lawyers' fees, made by any
third party due to or arising in any way out of your use of Our Web Site and
service, or the infringement by you, or by any other person using your
computer, of any intellectual property or other right of any person.
14.
We are not liable for
any breach of our obligations resulting from causes beyond our reasonable
control including strikes of our own employees.
15.
This Agreement shall be
governed by and construed in accordance with the law of England. This agreement
shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is hereby expressly
excluded.