Terms and Conditions
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By entering this design contest you are agreeing to the following terms, which serve as a binding agreement (hereinafter “the Agreement”) between you and CommonThreadz. (“CT”).
All submitted designs must be the original work of the artist.
CommonThreadz reserves the right to make minor adjustments or changes to submitted designs in order to correspond the artwork to our printing requirements. CommonThreadz also reserves the right to make any other final decisions pertaining to a design’s ink colors, placement and sizing. However, any materially significant changes to the artwork will first be approved by the submitting artist.
Works previously published in any location other than commonthreadz.org may not be submitted.
Designs can not contain any intellectual property of a third party such as trademarks, logos, service marks or copyrighted material. CommonThreadz reserves the right, in its sole discretion, to reject any submission that it deems to be profane, offensive, vulgar or otherwise inappropriate. Designs may be removed from the website at due to poor sales performance or at the sole discretion of the CommonThreadz staff. CommonThreadz retains permanent exclusive rights to the design for commercial use on apparel and other promotional products. Artist agrees to submit their Design to CommonThreadz, with no expectation of compensation, monetarily or otherwise unless selcted as the Winner of the competition. CommonThreadz is a not for profit 501(c)(3) public charity in the USA.
You represent and warrant to CT that you have the right and authority to convey the rights granted hereunder; that the Design is original and has no encumbrances or liens and is not subject to any thirdparty agreements or arrangements that would conflict with their use; that the Design is not slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold CT harmless and shall indemnify CT for all costs and expenses (including reasonable attorney fee’s) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you.
You hereby grant to CT, its licensees and assignees, an exclusive right to: (1) Publicly display, perform or exhibit, or distribute the Design, as part of the Products, in any way now known or hereafter to become known including without limitation by transmission, broadcast, or electronic communication, and (2) reproduce the Design or any parts, alterations or derivatives thereof, in any media or embodiment now known or hereafter to become known (the Products).
Without limiting other remedies, CT may at its sole discretion remove any Design from publication and/or dissemination if it thinks that the Design had possible legal liabilities, or is inconsistent with the letter or spirit of CT’s policies, including poor design or sales.
You hereby waive any and all attribution and integrity rights with regard to the Design whether arising under the law of any state of the United States, United States federal law, or the law of any other country.
CT shall use reasonable efforts to ensure that the use of the Design in the Product is accompanied by a reasonable credit to you (subject to your right to withdraw such credit. If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
This Agreement contains the entire understanding of you and CT with respect to the subject matter hereof and with respect to the matter contained herein and supersedes all prior agreements or understandings. This Agreement shall not be modified except in writing.
This Agreement, in whole or in part, may be freely assigned by CT. You may not assign this Agreement in whole or in part without the prior written approval of CT. This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Circuit or District Courts of Texas, or the United States District Court for the District of Texas, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims.
Nothing herein shall be construed as an obligation of CT to manufacture and/or disseminate any specific quantity of Product containing the Design. All manufacturing, dissemination and marketing decisions regarding each Design are left to the sole discretion of CT.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.