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wemøkki – Artist Terms, version april 19, 2016 [under construction]

1. Introduction

    1. We are wemøkki, a limited liability company registered (chamber of commerce number: 63118130 and incorporated under the laws of The Netherlands trading as wemøkki and with our registered office and main trading address at the Nieuwe binnenweg 180D, 3015 BJ Rotterdam, Netherlands.
    2. We operate a marketplace & creative agency at https://www.wemokki.com and subdomain at https://illustration.wemokki.com
    3. We have developed an online marketplace & agency that allows artists to showcase illustrations and sell it digitally worldwide using our Website.
    4. These Terms and Conditions apply to the use of the Website of wemøkki. By using our Website or the Services you agree to the applicability of these Terms and Conditions thereto.

2. Definitions

  • Authorised user: Refers to the Artist who is authorised by wemøkki after approval of his/her Artwork and a signed copy for use of the Services and the Documentation further to these Terms and Conditions.
  • Artwork: Refers to all material submitted by Authorised user including any and all forms of Intellectual Property Rights that may from time to time be uploaded, downloaded, produced, or posted to wemøkki.
  • Illustrations: Refers to Artwork produced by an Authorised user which has been Uploaded and is listed by wemøkki.
    Upload Artwork: Refers to any act which constitutes the posting of Artwork, in part or whole, to any portion to wemøkki.
  • Buyer: Refers to an individual, corporate or unincorporated body who orders artwork at our webshop.
  • Download: Undertaken by a Buyer after Payment via Paypal or iDeal to obtain a copy of Artwork via download where it is posted or produced on any section of Wemøkki.
  • Marketplace License: Refers to non-exclusive, world-wide, sub-licensable, transferable, royalty-free (except as otherwise provided herein) license to reproduce, display, perform, distribute, sell, creative derivative works based on, sublicense, and exploit in any way all Intellectual Property Rights
  • Intellectual Property Rights: Refers to any copyright, trademark, service mark, patent, trade-secret, industrial design property, database rights, creative expression or source or geographic indicator, publicity and privacy rights, including name, image and likeness, and other proprietary rights.
  • Terms & Conditions: these terms and conditions as may be amended from time to time.
  • Agreement: the Subscription Form and these Terms and Conditions which together constitute the Agreement between the Artist and wemøkki.
  • Subscription Form: the form [become a designer] that is available on the Website and filled in by a potential Artist, which, once submitted electronically to wemøkki shall, together with these Terms and Conditions, constitute the entire agreement between Artist and wemøkki.
  • Website: https://www.wemokki.com and subdomaines https://illustration.wemokki.com

3. Identification of the Parties:

This Agreement is made between _______________ [Name of the Artist] (The “Authorised Artist”) and _______________ [wemøkki] (the “Marketplace”).

4. Purpose of Agreement:

Artist desires to showcase illustrations and sell it digitally worldwide using our Website. These Terms and Conditions apply to the use of the Website of https://www.wemokki.com and her subdomains: https://illustration.wemokki.com. By using our website and subdomains as an Artist you agree to the applicability of these Terms and Conditions thereto. Since your work is approved by wemøkki you are now stated as “Authorised Artist”.

Agree as follows:

    1. wemøkki holds the right to select which of your artwork will be made available on wemøkki Marketplace & Agency.
    2. You are the original maker and copyright holder of the Artwork you submit and upload to our website as part of the wemøkki Marketplace license.
    3. These Terms and Conditions apply to the use of the Website of wemøkki. By using our Website or the Services you agree to the applicability of these Terms and Conditions thereto.
    4. You have the right to grant wemøkki V.O.F, the legal entity that provides wemøkki Marketplace , an exclusive, worldwide, transferable license. You remain the copyright holder for the Artwork.
    5. Exclusivity: after submitting your Artwork to wemøkki the Authorised Artist shall not sell or otherwise be involved in the exploitation of the same Artwork via any other party than wemøkki.
    6. Wemøkki has the right to sell your Artwork on wemøkki Marketplace for use in all media, analogue and digital, such as publications in books, magazines, websites, record covers, posters, flyers, cover of packaging.
    7. Wemøkki holds the rights to sell in any country indefinitely.
    8. Wemøkki has the right to sell single Artwork items multiple times to different buyers for which the Artist will be rewarded applicable to these Terms and Conditions.
    9. The license include use in merchandise or products for distribution and/or sale. Merchandise includes print on demand products, t-shirts, mugs, posters, mobile phone covers and other items.

5. Payment:

All prices are quoted in euro, and are exclusive of value added tax (VAT) for Europe. Customer retail price per Artwork at wemøkki Marketplace shall at all times be determined by wemøkki. Artist shall be compensated at a fixed price agreement at a rate of €200 per sold Artwork. Retail price per artwork is currently determined at €350 ex (VAT). Payment will be made within 1-2 days once an invoice is completed by the buyer to a maximum of 30 days after invoice is paid.

6. Intellectual Property rights:

1. The Artist acknowledges and agrees that wemøkki owns all intellectual property rights in the Website. Except as expressly stated herein, the Agreement does not grant the Authorised User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the wemøkki’ intellectual property rights, including Services, the Website or any documentation.
2. wemøkki confirms that it has all the rights in relation to the Services and the Website that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of the Agreement.
3. wemøkki shall have the right to use the name of the Authorised Artist for commercial use such as testimonials.
4. wemøkki shall have the right to use all material of any kind created by an Authorised User and wemøkki together during a Campaign for any (commercial) purpose it sees fit.

7. Limitations of Liability:

To the maximum extent permitted by law, in no event will We be liable for any direct, indirect, incidental, special, consequential or any other damages or losses whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), resulting from Your use of, or inability to use, the materials and information contained in this Website, Content posted to this Website, viruses that may affect or damage any electronic equipment, and all other matters arising out of or in connection with these Terms, whether or not the possibility or cause of such damages was known to Us. Additionally, with respect to liability, which is by law incapable of exclusion, in no event shall Our liability (whether based on an action or claim in contract, tort or otherwise) exceed fifty euro.

8. Applicable Law:

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website shall be governed by Dutch law.

Data owner: wemøkki.com