This Art License Agreement was last revised on December 5, 2020.
THIS ART LICENCE AGREEMENT IS A LEGAL AGREEMENT BETWEEN USERS (also referred to as "you” or "your”) AND DANI TEAL STUDIO (also referred to as “Company”, “we”, “us” or “our”).
We implore you to read this Website Art Licence carefully before using DANI TEAL STUDIO website. If you do not agree to this Website Art License, please do not use the website.
DANI TEAL STUDIO is a textile design studio for fashion brands. Our services include creative direction, custom textile design, fashion design and technical development and graphic design. You acknowledge that from time to time we may engage contractors to assist in project work.
DANI TEAL STUDIO is the creator of the original works of art displayed on the website hereinafter referred to as the “Art”. DANI TEAL STUDIO represents and warrants that the Art are original works of authorship created solely by the DANI TEAL STUDIO and that the DANI TEAL STUDIO is the sole and exclusive copyright owner in and to said Art.
GRANT OF LICENSE
In consideration of full and punctual payment DANI TEAL STUDIO hereby grants to you a non-exclusive, worldwide license right right and licence to use a print created by DANI TEAL STUDIO for the registered brand account that has purchased it. This print is for end use products that may be sold direct to the consumer or wholesale under one brand name per license only.
A licensed print created by DANI TEAL STUDIO relates to any design that are available in the website shop as a pre-designed print. You make a purchase of licensed print with the acknowledgment that the design is non-exclusive and may be available for other brands to purchase. DANI TEAL STUDIO shall retain all intellectual property rights to these prints. You hereby agree not to claim to have created or own copyright of non-exclusive artwork.
You shall not make the Art available in any format whatsoever that allows others to access, copy or reproduce them, this includes posting the artwork files or screenshots onto social media and websites.
Licensed prints from DANI TEAL STUDIO are not transferable, and cannot be shared, re-sold to, gifted, assigned to or used by any other business entity without written permission first sought and obtained from DANI TEAL STUDIO. Purchases cannot be used for white label products or the printing of fabrics for wholesale purchase; whereby multiple businesses would be purchasing printed products from the license holder. Each brand requires a licence purchase for each print even where multiple brands are owned by the same business, unless written permission is obtained from DANI TEAL STUDIO. For a non-exclusive license, you are allowed to change colours of the print, reproduce and sell goods with the print, but you are not allowed to add your brand logo to the print.
The terms of licensing are set to protect the integrity and work of both DANI TEAL STUDIO and users. We ask that you perform due diligence when selecting a manufacturer for the printing of your products.
In consideration of full and punctual payment to DANI TEAL STUDIO, exclusive right to use the design will be provided to users who make a purchase under the DANI TEAL STUDIO’s exclusive online print shop or via engaging DANI TEAL STUDIO for custom designs.
Following full payment, DANI TEAL STUDIO hereby gives you all its rights, titles, and interest in and to the work product (including intellectual property rights) and the user shall be the sole owner of the works. Exclusive designs will be removed from sale, and may not be purchased by any other business or person.
For an exclusive license, you are allowed to change colours of the print and you are also allowed to add your brand logo to the print.
For all exclusive and non-exclusive purchases or custom designed, you herby allow DANI TEAL STUDIO to place images of the finished product(s) and design process, along with a hyperlink to your site on DANI TEAL STUDIO’s website, social media platform or other promotional material, unless agreed to the contrary in writing by both parties. You are not obliged to credit DANI TEAL STUDIO in any promotional material of the finished products, but it is highly encouraged.
For custom design services, we will provide you with a Commissioned Work Agreement and deposit invoice. This Agreement is to be signed by you and deposit paid prior to booking confirmation.
TERM AND TERMINATION
The term of the non-exclusive license shall be for a period of 2 (two) years, unless terminated pursuant to the terms hereof. After which user must renew license. This license is for the use of up to 500 units (products) and if you want more, do contact us for extended licenses options. Every non-exclusive artwork is licensed up to 5 times on the website.
The term of the exclusive license shall be perpetual, unless terminated pursuant to the terms hereof, while DANI TEAL STUDIO continues to have authorship of the Art.
- DANI TEAL STUDIO may terminate this license upon written notice to the you in the event that the you (i) breach any provision hereof or use the Art in a manner that is beyond the scope of use permitted in this Agreement and/or Term of Use, or (ii) files a petition in bankruptcy or is adjudicated by a court of competent jurisdiction to be bankrupt or insolvent, or if a receiver is appointed over the User.
REPRESENTATIONS AND WARRANTIES
DANI TEAL STUDIO makes the following representations and warranties to the User:
- Dani Teal Studio is the sole and exclusive owner of the Art.
- Dani Teal Studio has the full right, power and authority to grant the license to User as set forth herein.
- Dani Teal Studio is the owner of the copyright in and to the Art and to the best of the Dani Teal Studios knowledge and belief, the Art does not infringe upon the copyrights or other proprietary rights of any other party.
- User acknowledges and agrees that the Dani Teal Studio maintains all exclusive rights in and to all proprietary rights relative to the Art, including but not limited to the copyright and all moral rights and other rights that may exist under any state or federal law, subject only to the right of User to use the Art within the scope of this Agreement. User agrees that it shall not contest, dispute, or take any actions in contravention of the proprietary rights of the Dani Teal Studio in and to the Art and depictions thereof.
- Dani Teal Studio shall have the right to obtain and apply for a copyright registration relative to the graphical depiction of the Art, to the extent separate copyright of such graphical depiction is available or necessary.
- Dani Teal Studio agrees to indemnify, hold harmless and defend User from and against any and all claims that the Art infringes upon the proprietary rights of any other party.
- Dani Teal Studio shall have the sole and exclusive right, in its discretion, to bring any claim, suit, threat or demand against any other party claiming infringement upon the proprietary rights of the Dani Teal Studio in and to the Art.
- This Agreement shall be governed by and any dispute or interpretation hereof shall be under the laws of Ireland. The parties agree that any legal action relative hereto shall be brought in the courts in Ireland and each of the parties consent to jurisdiction of such courts.
- This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, executors, estates, and administrators. This license may not be assigned by the User.
- The waiver of an instance of breach or default by either party shall not act as a modification of this Agreement nor shall it foreclose such party from claiming subsequent breaches or default based upon the same or different set of circumstances.
By using this website, you hereby agree to the provisions of this Website Art License and other legal document and notices on this website which shall constitute the entire and only agreement between DANI TEAL STUDIO and its website users (also referred to as “you”) and supersedes any and all prior or contemporaneous agreements, representations, warranties and all understandings with respect to the use of this website.
For more inquiries you can contact us on firstname.lastname@example.org