By clicking on the “I accept the terms of participation” you are accepting the terms on this agreement and both partyes are subjet to the following:
THIS AGREEMENT is made BETWEEN the tutor of the illustrator
(hereinafter called “the Artist”) of the one part
AND KiSSE – CPH-MAD S.L., CIF EUB 87538492, a limited liability company having its registered office and principal place of business at Plaza de Cascorro 20, 4ºIzda, ES-28005 Madrid
(hereinafter called “the Licensee”) of the other part
- The Licensee operates a business selling clothes and other items with reproductions of the original works of art that are oploaded.
- The Artist is the creator of original works of visual art and is willing to licence the reproduction of the oploaded artworks to the Licensee on the terms herein contained.
IT IS HEREBY AGREED as follows:
- The Artist hereby grants to the Licensee a sole licence to do any and all of the following things in relation to the works of art specified in the First Schedule hereto (“the Artworks”):
- a) To reproduce the Artworks as part of the Licensee’s inventory.
- b) To advertise for sale and to sell such reproductions to the public.
- The Artist acknowledges that, the Licence herein being a sole Licence, the Artist shall refrain from appointing another agent or third party to exercise any of the rights hereby granted in respect of the Artworks.
- The ownership of the original Artworks, and the copyright therein shall remain vested in the Licensee.
- The rights hereby granted may be exercised by the Licensee in any part of the world.
- The term of this Agreement shall be everlasting.
- The Licensor shall be at liberty to fix the sale price of the reproductions.
- The Licensee shall pay the Licensor an example of each garment produced with the prints containing the Licensor’s illustrations on the size the Artist needs, not exceeding 10 pieces.
Warranty and Indemnity.
- The Artist warrants that he or she is the creator of the original Artworks; that all rights, including the copyright, in the said works are vested exclusively in the Licensee; that the Artist has full right and authority to enter into this Agreement; and that the use of the Artworks in the manner envisaged by this Agreement will not to the knowledge of the Artist infringe the rights of any third party. The Artist further indemnifies the Licensee against all costs demands claims and proceedings arising in connection with a breach of this warranty. The provisions of this clause shall survive termination of this Agreement.
- The Licensee undertakes to respect and observe the Artist’s moral rights of paternity (the right to be identified as the creator of the work) and integrity (the right to preserve the work from derogatory mutilation and distortion).
- This Agreement shall ensure to the benefit of and shall bind the parties hereto, and (in the case of the Artist) his or her executors and assigns, and (in the case of the Licensee) its successors and assigns.
- The Artist agrees to keep confidential the terms of this Agreement.
- 16.1 This Agreement is personal to the parties hereto and may not be assigned by either party without the prior consent of the other party.
- 16.2 Any notice to be given pursuant to the terms of this Agreement shall be sent by registered post to the recipient thereof at the address specified on page 1 of this agreement, or such other address as may have been notified to the party giving the notice .
- 16.3 The parties agree to mediate any dispute arising between them relating to the terms of this Agreement, using a single mediator acceptable to both parties.
- 16.4 Any amendment to this Agreement shall be in writing signed by both parties hereto.
- 16.5 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.