Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the ‘Artist Upload’ functionality on the Website (“Artist Upload T&Cs”). These terms are additional to the Website terms and conditions (https://www.zavvi.com/articles/terms-conditions.list) which you have already accepted and agreed to by creating an account on the Website (“Website T&Cs”). In the event of conflict between the Artist Upload T&Cs and the Website T&Cs, the Artist Upload T&Cs shall prevail.
1. Agreement
By uploading an image, art and/or creative (“Art”) you agree to these Artist Upload T&Cs.
2. Amendments
We reserve the right to update these Artist Upload T&Cs from time to time and any changes will be notified to you via a suitable announcement on the Website.
It is your responsibility to check for such changes. The changes will apply to the use of the Website (including the Artist Upload section of the Website) after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.
3. Registration
You warrant that:
Any art you upload on this Website has been created by you and you have permission to use, distribute and sell it and authorise others to use it;
e-mail address: [……………………..]
tel: [……………………..]
4. Art
You keep the copyright in any Art you upload to the Website. By uploading Art to the Website you grant Us a non-exclusive, irrevocable, worldwide, perpetual, assignable, sub-licensable, royalty free license to use the Art.
By uploading the Art you warrant that:
our use of the Art shall not infringe the patent, copyright, design right, trade mark or any other intellectual property right(s) of any other person;
the Art will comply with all applicable laws, rules and regulations;
the Art does not contain any material that promotes, encourages and/or relates to: /li>
racial, ethnic, political, or hate mongering;
any attempt to profit from human tragedy or suffering that lacks any social, artistic, or political value. This includes any content that may be deemed inappropriate or insensitive to victims of natural disasters or human tragedies;
investment advice or money-making opportunities not permitted under applicable law;
,displays of violence or profanity;
material that defames, abuses, or threatens physical harm;
illegal substances or activities, such as online gambling, how to build a bomb, counterfeit money, etc.;
your use of this Website will comply with all applicable laws, rules and regulations.
We reserve the right to remove the Art from our Website at our sole discretion.
5. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Artist Upload T&Cs by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
6. Our sale of the Art
By uploading the Art you authorise us to copy, modify, print and sell it at our sole discretion.
We set the retail price of products that are sold on our Website at our sole discretion. We also reserve the right to remove the Art from our Website at our sole discretion at any time.
7. Commission
Subject to your compliance with these Artist Upload T&Cs and subject to the terms of the “Affiliate Window” affiliate scheme, we shall pay to You commission at the rate agreed in writing from time to time in respect of revenue generated from the sale of products featuring the Art on the Website. For the avoidance of doubt, this clause is included for information purposes only and we are not required to pay commission to you under these Artist Upload T&Cs, but will do so subject to the terms of the “Affiliate Window” affiliate scheme.
8. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
9. Limitation of Liability
Notwithstanding any other provision in these Artist Upload T&Cs, nothing in these Artist Upload T&Cs:
- to the maximum extent permitted by law, our total aggregate liability to you in contract, tort (including negligence) or otherwise, however arising, under or in connection with these Artist Upload T&Cs shall not exceed £1,000;
- to the maximum extent permitted by law, we shall have no liability to you under or in connection with these Artist Upload T&Cs for any: (i) loss of profit; (ii) loss of business; (iii) damage to reputation; (iv) other indirect or consequential losses.
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
10. Severance
If any part of these Artist Upload T&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
11. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
12. Entire Agreement
These Artist Upload T&Cs together with the Website T&Cs form the entire basis of any agreement reached between you and us.
13. Law and Jurisdiction
These Artist Upload T&Cs shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courtsa
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
