If you wish to submit certain kinds of Artist Materials, known as "Artwork" (defined below), to the deviantART Site for inclusion in the Print Program as part of the deviantART Service, you need to enter into this Print Program Agreement ("Agreement"). Any individual or entity that elects to use the Print Program must accept without change the terms of this Agreement and the deviantART Terms of Service and Submission Policy
which are incorporated into and form a part of the Agreement. BY CLICKING THE "SUBMIT PRINT" BUTTON, YOU AGREE THAT YOU ARE BOUND BY ALL TERMS OF THIS AGREEMENT.
The Print Program is a Service of deviantART that allows you to sell certain types of Artist Materials through the deviantART Shop. At this time, only Artist Materials in the form of Digital Art, Traditional Art, Wallpapers, Photography or Literature are considered "Artwork" and are eligible for inclusion in the Print Program. You may only submit Artwork for inclusion in the Print Program if you are the sole author of the Artwork and you hold all intellectual property rights in the Artwork. In addition to sales in the form of traditional prints and postcards, your Artwork may also be sold in the form of printed magnets, coffee mugs, calendars and other products at your election. Only registered members of deviantART that have accepted the Submission Policy may participate in the Print Program. At this moment there are two forms of the Print program, the Standard Print Program and the Premium Membership Print Account both of which are further defined in the rest of this Agreement.
If you elect to participate in the Standard Print Program there is no fee. However, this free version of the Print Program offers a limited number of options, with potentially reduced profit potential to you, as described below. If you elect to obtain a Premium Membership in deviantART it includes a Premium Membership Print Account. If your Premium Membership ends your Premium Membership Print Account will automatically convert to a Standard Print Account. All members of deviantART enrolled in the deviantART print program as of November 21, 2006 will automatically continue to enjoy the benefits of a Premium Membership Print Account without the requirement of a Premium Membership in deviantART. Otherwise, the only method of obtaining the benefits as described below of the Premium Membership Print Account is to become a Premium Member of deviantART. Go here to learn how to become a Premium Member.
- Standard Print Program. At the time you submit Artwork for inclusion in the Standard Print Program, deviantART will display the retail sales price for your Artwork and the portion of that amount that would be paid to you for each sale, known as the "Artist Share."
- Premium Membership Print Account. Unless you specify a different royalty rate for the sale of the Artwork you have submitted, your Artwork will be made available for sale on the deviantART Shop at the Default Retail Prices posted here. The Default Retail Price reflects the price that will be paid by the purchaser of your Artwork to deviantART for the print. You will have an opportunity when posting your Artwork with a Premium Membership Print Account to select the royalty rate for each configuration of a print. deviantART reserves the right to change the Base Prices and the Default Retail Prices at any time in its sole discretion and without prior notice. DeviantART will notify you of changes to the Base Prices and the Default Retail Prices by an on-site "Hot Topic" news posting accompanied by changes in the posted prices here. Except for pending orders for your Artwork, participants in the Print Program with a Premium Membership Print Account may always revise the royalty rate for each Artwork subject to the limitations of this Agreement.
Artist Share and Purchasing Your Own Works.
- Standard Print Program. deviantART will pay you the Artist Share designated by deviantART, as described in Section 3, for the final sale of Artwork through the Standard Print Program. It is your responsibility to review the sales price and the Artist Share before finalizing your submission of Artwork for the purposes of the Standard Print Program. By submitting your Artwork for inclusion in the Standard Print Program, you agree to accept the Artist Share designated by deviantART for each sale of your Artwork as your only compensation for each such sale.
- Premium Membership Print Account. For the final sale of Artwork by holders of a Premium Membership Print Account, deviantART will pay you an Artist Share equal to the royalty rate you have set for the Artwork at the time submission with a default royalty rate of 20% of the default retail price. However the royalty calculation for the Artist Share shall not include any amounts received by deviantART from the purchaser for taxes, duties, shipping, insurance or handling. It is your responsibility to review the retail sales price, the Base Prices and the resulting Artist Share before finalizing your submission of Artwork for the purposes of the Premium Membership Print Account. By submitting your Artwork for inclusion in the Premium Print Program, you agree to accept the Artist Share for each sale of your Artwork as your only compensation for each such sale. If and when you remain in the Print Program but do not continue as a Premium Membership Print Account you acknowledge that your Artwork will be sold on the basis of the Standard Print Program. You are always free to remove any Artwork from the Print Program subject to the fulfillment of any existing orders for the Artwork you intend to remove.
- Purchasing Your Own Work As a participant in the Standard Print Program you may purchase your own work at the Retail Price and your Artist Share will be credited to your account in the usual fashion. As a Premium Membership Print Account holder you will be able to purchase your own works at the Base Prices or at such other preferred prices to the Standard Print Program as deviantART may from time to time offer without paying the Retail Prices and without deviantART collecting and then returning the Artist Share.
Payments. deviantART will account to you your Artist Share in United States currency as reflected on your My
Earnings page which is a part of your profile. Your earnings may be shown as awaiting clearance for a third
party payment confirmation. You will be able to convert your earnings into deviantART Points instantly
once the transaction for those earnings has cleared. If your earnings exceed $5.00 (US) you will be able
to withdraw the earnings anytime through PayPal with a $1.00 (US) processing fee. The fee is waived for
Premium Members. If your earnings exceed $20.00 (US) you will be able to select payment by monthly check
with a $5.00 (US) processing fee. The fee is waived for Premium Members. Additional information may be
requested from you to process payments by PayPal or by check.
deviantART POINTS. At any time, you may elect to use all of your outstanding accumulated Artist Share reflected as earnings on
your Earnings page to purchase deviantART POINTS. The use of deviantART POINTS is subject to
the restrictions contained in the deviantART POINTS Terms and Conditions.
Before Artwork may be purchased through the deviantART Shop, all Artwork must be approved for sale by deviantART. Factors affecting approval include, but may not be limited to, image aspect ratio, quality, resolution, bleed edge, and whether the Artwork complies with deviantART"s policies regarding the submission of Artist Materials, generally, as set forth in the Submission Policy and the requirements for submission of Artwork as set forth in this Agreement. Although deviantART has the right to include your Artwork in the Print Program, deviantART does not have the obligation to do so. While deviantART is not responsible for the content of your Artwork, deviantART may, in its sole discretion and for any reason, refuse the Artwork, refuse to fulfill orders for such Artwork, or remove Artwork from the Print Program at any time. For general information on submitting Artwork for inclusion in the Print Program, please refer to the FAQ.
- Premium Membership Print Account. If Artwork is submitted with a Premium Membership Print Account, deviantART will use commercially reasonable efforts to approve or reject such Artwork within one business day, provided that such Artwork is submitted during deviantART"s normal business hours.
- Standard Print Program. deviantART will not review Artwork submitted for inclusion in the Standard Print Program until there is an attempt to purchase the Artwork through the deviantART Shop. deviantART will use commercially reasonable efforts to approve or reject such Artwork within one business day after such an attempt, provided that the attempt to purchase such Artwork occurs during deviantART"s normal business hours. If the Artwork is rejected, you and the purchaser will be notified and the transaction will not be completed.
Orders and Fulfillment.
deviantART uses the services of third party vendors to manufacture, process, fulfill and ship orders for your Artwork. You agree that neither deviantART nor its third party vendors shall be liable to you or any purchasers in any way for any orders for your Artwork that are lost or damaged. deviantART is not responsible for the acts of those third party vendors as they may damage you or your artwork and your only remedy in the event of such damage will be to remove your Artwork from the Print Program and, as appropriate, require an apology. deviantART will, however, promptly process any complaints you may have about the acts of those third party vendors and attempt to improve all aspects of the Print Program for the benefit of all its participants. Concerns about the Print Program should addressed to the Prints Customer Service Department
Changes to the Print Program.
deviantART has complete discretion to modify any aspect of the Print Program, including but not limited to terms, pricing, availability and the way in which the Print Program is displayed or offered. deviantART may also discontinue the Print Program in whole or in part at any time for any reason. deviantART will notify you of any material changes to this Agreement (and the effective date of such changes) by an on-site "Hot Topic" news posting. deviantART will also post the revised Agreement on the deviantART Site(s). If you continue to maintain or upload Artwork on the deviantART Site(s) after the effective date of the changes to the Agreement, you will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artwork to the Print Program. If you do not accept the new terms of the Agreement, your sole and exclusive remedy shall be to terminate this Agreement by removing all of your Artwork from the Print Program.
Withdrawing Artwork from the Print Program.
You can remove your Artwork from the Print Program at any time and for any reason, subject to the fulfillment of any existing orders for the Artwork you intend to remove. To remove your work from the Print Program you must delete the Artwork by using the administrative tools on your user page under the heading of "Manage Prints." Please note that this will only remove the Artwork from the Print Program and Artwork that has been submitted to the deviantART Site as Artist Materials will continue to appear on the deviantART Site until you remove such Artist Materials from the deviantART Site.
Licenses to deviantART.
For the purposes of offering your Artwork for sale and fulfilling orders for your Artwork through the Print Program and for the period during which your Artwork is placed in the Print Program, you grant to deviantART a worldwide, nonexclusive, royalty-free, right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Artwork, in whole or in part with or without the Artwork of others, in any manner and media including, and not as a limitation, uses of the Artwork to promote the Print Program and deviantART; (b) modify, adapt, translate, create, re-format, store and create derivative works from the Artwork, in whole or in part, in any manner and media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee. You hereby grant to deviantART and its sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Artwork and the right to use the name that you submit in connection with the Artwork.
Participation in Optional Programs.
deviantART may, from time to time may, identify certain Artwork for distribution through galleries, limited edition series, large format replication and by digital displays. You will receive a separate notice if your Artwork is identified as a candidate for these optional programs and deviantART will notify you of the opportunity to participate in such programs subject to the terms of a separate agreement to cover such uses which you will be free to accept or reject at your absolute discretion.
You represent and warrant to deviantART that:
- you are the sole author of your Artwork and you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Section 11 above, including but not limited to all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Artwork by deviantART as permitted hereunder;
- the Artwork is completely original to you and the Artwork submitted to deviantART by you, and deviantART"s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
- no one else is entitled to receive the monies to be paid to you under this agreement;
- the Artwork (i) does not and will not violate any law, statute, ordinance or regulation; (ii) is not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws; (iii) does not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of deviantART or any third party and;
- you are over the age of eighteen or, if not, that you are an emancipated minor by order of a court of competent jurisdiction.
You further agree to indemnify, defend, and hold deviantART and its sublicensees harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' and expert fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph. You will report as self-employment income all compensation received by you pursuant to this Agreement. You will indemnify, defend and hold deviantART harmless from all claims, liabilities, damages, losses and expenses (including, without limitation, reasonable attorneys" and expert fees and expenses) relating to any obligation imposed by law on deviantART to pay any withholding taxes, social security, unemployment or disability insurance, or similar items in connection with compensation received by you pursuant to this Agreement.
No Liability for Third Party Use.
DEVIANTART DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTWORK MADE AVAILABLE ON THE DEVIANTART WEBSITE BY YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTWORK BY A THIRD-PARTY, AND NOT FROM DEVIANTART. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR ARTWORK FROM DEVIANTART (WHETHER OR NOT WITH DEVIANTART'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS OR RECOVERY OF DAMAGES FROM THE OTHER PERSON AND NOT FROM DEVIANTART, AND THAT YOU WILL NOT HOLD DEVIANTART RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
No Warranty; Limitation of Liability.
DEVIANTART PROVIDES THE PRINT PROGRAM ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. DEVIANTART AND ITS THIRD PARTY VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRINT PROGRAM, EVEN IF DEVIANTART HAS BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE ARTIST SHARE PAYABLE TO IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, IN NO EVENT WILL DEVIANTART"S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DEVIANTART UNDER THIS AGREEMENT.
- This Agreement, together with the Terms of Serviceand the Submission Policy are the entire understanding and agreement between you and deviantART as to the subject matter of this Agreement and supersedes all prior proposals, discussions or agreements (oral and written) with respect to this subject matter. The terms of this Agreement are in addition to and supplement the provisions contained in the Terms of Service and the Submission Policy. In the event of a conflict among the provisions contained in the Terms of Service, the Submission Policy and this Agreement, the provisions of this Agreement will control with respect to the Print Program. deviantART's failure to enforce any right or provision in this Agreement will not be a waiver of that right or provision. If a court should find that one or more provisions contained in this Agreement is invalid, you agree that the remainder of the Agreement will still be enforceable. deviantART has the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of deviantART. This Agreement is governed by and is to be construed in accordance with the laws of the State of California. Any disputes arising under or in connection with this Agreement are subject to the exclusive jurisdiction of the state and federal courts of the State of California located in Los Angeles, California. The provisions of Sections 8, 9, 13, 14, 15 and 16 survive any termination of this Agreement.