Terms of use

By submitting your artwork (the “Artwork”) to simplypetrol.com you express your intention to use the services offered by Simply Petrol, its affiliates and parents (collectively “Simply Petrol”), which include the marketing and advertising of your artwork, and the manufacturing, distribution, and sale of your artwork on physical and non-physical products, and you agree to the following terms and conditions (the “Artwork Submission Terms and Conditions”):

  1. The artwork is your own original work and does not contain any copyrighted material, other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.
  2. The artwork does not infringe any rights (including but not limited to copyright) of any third party.
  3. This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this agreement, agree to the Artwork Submission Terms and Conditions, and that your agreement does not violate any other agreement you have entered into with a third party. If you have entered into an agreement with any third party concerning the Artwork you must advise Simply Petrol immediately by emailing: team@simplypetrol.com.
  4. As between you and Simply Petrol, you own and will maintain ownership of the artwork. Simply Petrol does not and will not own the artwork because of your submission.
  5. By submitting the Artwork, you hereby grant Simply Petrol a worldwide, irrevocable, non-exclusive, right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Artwork, in any manner now known or hereafter devised. This license may be sub-licensed by Simply Petrol to others.
  6. You also grant Simply Petrol a worldwide, irrevocable, non-exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub-licensed by Simply Petrol to others.
  7. You also understand that Simply Petrol is acting as an independent contractor for you, and will market and advertise the artwork to the public, and obtain orders from customers for the purchase of products featuring the artwork. Simply Petrol will, and will arrange for third parties to, fulfill customer orders by facilitating payment for the manufacture, distribution, and delivery of products featuring the Artwork.
  8. If Simply Petrol is able to facilitate the sale of products featuring the artwork via the simplypetrol.com website, you authorize Simply Petrol to collect and hold the retail price (“Retail Price”) of the products from customers per the terms of this Paragraph 9. The Retail Price charged to customers who purchase your product includes the (i) manufacturing fees, (ii) Simply Petrol’ fee for hosting the marketplace and facilitating the transaction (the manufacturing fees and Simply Petrol’ fee are referred to collectively, and inclusive of tax, as the “Base Fee”), (iii) your compensation (the “Artist Compensation”), (iv) any relevant tax (such as Sales Tax, GST, VAT, etc), and (v) shipping charges. You authorize Simply Petrol to deduct both (i) the Base Fee and (ii) any shipping charges from the Retail Price of the product(s) featuring your Artwork(s) before distributing the remainder (i.e., the Artist Compensation and tax where relevant), to you. However, the Artist compensation will be 25 cents per unit sold of the Artwork on Simply Petrol.com. Different compensation percentages and schemes might be agreed by the artist and Simply Petrol depending the type of the artwork and its market place.
  9. If Simply Petrol is able to facilitate the sale of products featuring the Artwork outside of the simplypetrol.com website, Simply Petrol will pay the Artist an amount that is 20% of its “net receipts.” “Net Receipts” are the profits from the sale of the artwork minus all costs, returns and allowances (including cash or credit refunds made to customers, rebates, and other allowances off the actual sale price).
  10. On certain limited occasions Simply Petrol may include the artwork in miscellaneous items such as, without limitation, calendars or books that promote the Simply Petrol brand or community, and Artist will not be owed or paid any amounts or payments for such use.
  11. Subject to these Artwork Submission Terms and Conditions, all payments for Simply Petrol.com sales will be made on a monthly basis within 7 days after the end of each month, following a one month ‘pending’ period, via Paypal, except certain partnership and wholesale program payments, which will be made on a quarterly basis within 45 days. You are required to provide Simply Petrol with your Paypal account information. You will not be charged by Paypal for any payment made to you by Simply Petrol. Please contact team@simplypetrol if there are any questions or concerns in regard to payment.
  12. Simply Petrol’ use of the artwork and its payments to you are subject to your representation that you own the artwork and that it does not infringe any third party’s legal rights.
  13. You alone will be responsible for the payment of any tax that arises as a result of receiving any payment from Simply Petrol, its subsidiaries, related companies, partners, or licensors.
  14. Pursuant to applicable EU law, payments under these Artwork Submission Terms and Conditions (or otherwise) will not be made to persons who reside in embargoed countries.
  15. You agree to defend, indemnify and hold harmless Simply Petrol, including Simply Petrol’ sublicensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of the artwork (including reproducing, distributing, adapting, and displaying the Artwork) and/or a breach or alleged breach of the Artwork Submission Terms and Conditions by you.
  16. You acknowledge that Simply Petrol may decline to render its services to you in connection with the artwork by, for example, deciding not to market or advertise the artwork, or taking down the artwork from Simply Petrol.com, and that this can be done for any reason, at any time, and in Simply Petrol’ sole discretion. You agree that the decisions of Simply Petrol are final and binding.
  17. Simply Petrol may, in its discretion, change these Artwork Submission Terms and Conditions at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to the Artwork Submission Terms and Conditions. No modification of this Agreement shall be binding unless confirmed in writing by Simply Petrol.

By submitting your artwork, you acknowledge that you have read and agree to these Artwork Submission Terms and Conditions. Your agreement with Simply Petrol is governed by the laws of EU without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Sofia, Bulgaria, in connection with any dispute arising from this agreement.

 

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If you have any questions about this Agreement, please contact us.