The terms for submitting art

This contract is between 
YayArt ApS
Niels Jernes Vej 10
9220 Aalborg Ø
CVR.: DK-30508866
and 
The Artist

  1. Background

    YayArt is a community-based online gallery, introducing unique pieces of digital art sold as prints.

    On www.yayart.com you can upload digital art, in the form of pictures, and vote on art. The highest rated art will enter our web shop and be promoted and sold as YayArt. We have two types of prints: limited numbered editions on canvas, and low-price prints in unlimited numbers.

  2. Selection of art pieces

    Among all the art pieces submitted to the website, the most popular are selected for further marketing and sales, based upon online user votes and YayArt ApS' evaluation of the artistic and commercial potential of the individual pieces.

    When the art piece is uploaded, it usually becomes part of the user voting within 3 days. The piece will then usually be available for voting for up to 31 days. If the art piece is selected for further marketing and sale YayArt ApS hereafter notifies the artist. Such a notice is always given by e-mail.

    If the art piece is not selected for further marketing and sale, all future rights are transferred back to the artist.

  3. Transfer of rights

    By accepting this agreement the artist gives the following rights to YayArt ApS:

    • The right to exhibit the art piece digitally on own websites and on the websites of other business,
    • the right to exhibit the art piece in printed form, or on a monitor that displays the art piece, whether the exhibition is free of charge to visit or not,
    • the right to do analogue and digital copying in respect to marketing, exhibition and sale,
    • the right to print the art piece in an unlimited number of copies,
    • the right to sell the art piece as numbered prints on canvas in up to 500 copies,
    • the right to sell the art piece as low-price prints in an unlimited number,
    • the right to give away free pieces of the art in printed form to promote the work and YayArt ApS, including as prizes for competitions, without paying the artist,
    • the right to format and crop the art piece.

  4. The rights of the artist

    The artist is entitled to any use of the art piece, to the degree it does not infringe on the rights transferred to YayArt ApS in clause 3 and clause 5, and as long it as it cannot be seen as being in competition with YayArt Aps.

  5. Exclusivity

    The right to sell printed copies of the art piece is transferred to YayArt ApS exclusively within the time frame of this agreement. The right to sell printed copies thus cannot be transferred to other parties, or be exercised by the artist, regardless of whether it may be seen as being in direct or indirect competition with YayArt ApS.

  6. Payment

    The artist receives 8 Euro for every canvas print sold and 0.68 Euro for each low-price print sold.

    The payment is due each time 100 prints are sold, though at most once each quarter. Should the art piece be removed from the website, a payment is made for the prints sold since the last payment. However, no payment will be made if the total sales are less than 30 prints.

    YayArt ApS' sales price of the printed artwork is determined by YayArt ApS alone and does not affect the payment of the artist.

  7. Terms of payment

    The artist receives the payment within 60 days. The payment is made by a bank transfer or PayPal. Depending on the individual transfer method, fees for bank etc. may occur.

  8. Third party rights

    The artist warrants that the described rights can be transferred and used as agreed, without infringing third party rights. The artist will indemnify YayArt ApS for any license, penalty, fine, compensation and reasonable legal expenses in this regard.

    YayArt ApS is not liable for infringements of the rights of YayArt ApS or the artist, which may happen through YayArt ApS' website by third party or by third party based upon purchased art work.

  9. Limitations of liability

    YayArt ApS only accepts liability for the artist's direct losses, and the total liability is furthermore limited to 4000 Euro.

  10. Termination and duration

    YayArt ApS can terminate this agreement at any time and without notice. Such a termination results in all rights, except the exclusive rights for sales of printed copies, being transferred back to the artist.

    The artist cannot terminate this agreement.

    This agreement can be changed at any time without notice for new art pieces that are uploaded to the website of YayArt ApS.

  11. Applicable law and venue

    Disputes regarding the understanding and interpretation of this agreement and its execution, shall be settled by Danish law, to the extend, that rules which points to the application of foreign law, are not used.

    Any dispute is to be settled by the Danish courts at YayArt ApS' venue.