Artist Agreement

Display Done website provides a service for the supply and licensing of 3D models, vector images, graphics (Content) via the www.displaydone.com website (Service).The Service allows persons to contribute Content (Artists), to make Content available on the Display Done website, and persons registered with us (Members), to download Content from the Display Done website. The Service acts as an exchange to allow each Artist to grant to Members, a licence to use the Artist’s Content when downloaded.

This Display Done Artist Agreement (Agreement) is between Display Done and the person named as the Artist in your original submission to us provided in accordance with clause 1 of this Agreement (you or your). An Artist can be an individual, a company or any other legal entity depending on the business structure chosen by that Artist licensing its Content. Your use of the Service will be governed by this Agreement, the Display Done Membership and Content License Agreement, the Display Done Website Terms and Conditons, the Take Down Policy and the Privacy Policy.

If any of the terms of this Agreement are inconsistent with those in the Display Done Membership and Content License Agreement or the Display Done Website Terms and Conditions, the terms of this Artist Agreement will prevail.

Ownership and licence of Content

  1. We acknowledge and agree that all copyright in and to the Content is solely owned by you, and you reserve all rights that are not expressly granted to us or the Members, or waived under this Agreement.
  2. At the time that you upload Content, you can elect whether such Content will be made available to Members on free or standard licence terms. You grant to Members who purchase rights to download your Content a perpetual, world-wide licence to use, reproduce, make available, distribute, sub-license, crop, modify, alter, combine with other works or create derivative works from, that Content on the terms applicable to a Free or Standard licence (as those terms are set out in the Dislay Done Membership and Content License Agreement). You grant to us the irrevocable and exclusive right to terminate, on your behalf, the licences you grant to Members under this clause (and you may ask us to consider terminating such licences in accordance with clause 16).
  3. You also grant to us a world-wide, royalty-free licence to use any Content that you upload to the Service, including the right for us to:
    • use, reproduce, make available and distribute your Content;
    • sub-license your Content to our affiliates, contractors and partners;
    • crop, modify, alter or edit your Content for use on the Service;
    • make 3D visuals, 3D models and graphical depictions of your Content, in suitable file formats for placement on the www.DisplayDone.com website (Website) and in other media or materials; and
    • use the Content in advertising materials and other websites in order to promote the Display Done Service.
  4. The terms of the licence granted to us in relation to any specific Content will also depend on whether you select, at the time of upload or in a written notice to us, that the Content is non-exclusive or exclusive to the Display Done Service. If you select that the Content is exclusive, then you agree that we have the exclusive rights to distribute and make available that Content in digital 3D and vector format (eg. Max., 3ds., STL, Obj., EPS, Ai, Flash, SVG etc) for download or purchase by other persons. You may continue to use and modify such ‘exclusive’ Content yourself but you must not license that Content other than via the Service or permit any other person (including our competitors) to make that Content available in digital vector format for download or purchase. You may change the nature of the licence granted to us by first giving us written notice of the change.
  5. To the extent permitted by applicable law, by granting the licences under this Agreement, you waive, agree not to assert and consent to any act or omission that may infringe, any moral rights in the Content, including any rights that you may have to be identified as the author of the Content or to object to mutilation, derogation or false attribution of any Content created by you.

Payments in respect of your Content

  1. In respect of each item of Content that you provide, we agree to pay you revenue equal to a proportion of the Fees collected from Display Done Members for each file downloaded in respect of that Content. In this Agreement, „Fees” means the monetary value of credits (calculated as at the date the Member purchased such credits) collected, exclusive of any applicable taxes or duties. We will pay you a proportion of the Fees in accordance with the payment schedule.
  2. 11. You acknowledge and agree that the payment schedule in clause 9 is subject to change from time to time in accordance with clause 34 below. If you do not agree to a change in the payment schedule, you may remove your Content in accordance.
  3. We will process artist revenue payments within 14 days of a payment request. Artist revenue payments will be processed using the Paypal or bank account registered to your Display Done account. You must have a Paypal or bank account to be able to receive your artist revenue payments.
  4. You acknowledge and agree that:
    a. You are responsible for all tax deductions or payments that apply in respect of your artist revenue in accordance with relevant tax laws.
  5.  If you notify us that you wish to change your election of Content from non-exclusive to exclusive or vice versa, the amount of the artist revenue payable for each download of that Content will change from the date that the election takes effect, as determined by us.

Removing your Content

  1. You may remove any Content that you have uploaded to the Display Done Service at any time by e-mailing us at info@displayedone.com with the Content file ID number and your account username, it will normally be removed within 24 hours from once we receive your email. After you remove Content, it will no longer be available for downloading and licensing by Members from the website. However, the licences granted to Members are perpetual and your removal will not affect any existing licence that has been granted to Members in respect of that Content.
  2. As described in clause 5, we have the exclusive right to terminate licences granted to Members through the Service. If you think that we should terminate any existing licence of your Content that has been granted to Members (such as where you believe a Member is infringing the terms of the licence granted to them or where your Content is the subject of a third party action or claim for infringement of third party rights), you must contact us by e-mailing us at info@ddone.szamitogep-shop.hu including your contact details, identification of the Content in question (including, where possible, a link to that Content on our Website) and a detailed explanation of the circumstances giving rise to the need to terminate that Member’s right to use that Content. When we receive such notification, we will decide (in our sole discretion) whether to take action to terminate the Member’s rights to use that Content.
  3. We also reserve the right to remove Content and terminate Members’ rights to use Content in accordance with our Take Down Policy and the Display Done Membership and Content License Agreement.

Term and Termination

  1. You can terminate this Agreement by removing your Content and deleting your account in the member login area of the Display Done website.
  2. We can terminate this Agreement at any time upon giving you at least five days’ notice using the e-mail address registered to your account.
  3. We can also terminate this Agreement with immediate effect by giving you notice using the e-mail address registered to your account if you fail to comply with the terms of this Agreement, the Display Done Website Terms and Conditions, the Take Down Policy or the Display Done Membership and Content License Agreement.
  4. Termination and removal of Content will not automatically affect any existing licence that has been granted to Dispaly Done Members in respect of your Content. We may terminate licences to Members in accordance with the Display Done Membership and Content License Agreement and the Take Down Policy. You may also ask us to consider terminating such licences in accordance.
  5. Where you terminate this Agreement or we terminate this Agreement, if you have artist revenue in your account for which you have not been paid, you can request payment of such amounts using the member login area on the Display Done Website or by e-mailing us at info@ddone.szamitogep-shop.hu. You must make such a request within one month of the termination taking effect. We will process artist revenue payments within 14 days of a payment request. Artist revenue payments will only be processed using the Paypal or bank account registered to your Display Done account.
  6. Where we terminate this Agreement, from the date that the termination takes effect, you will forfeit all accrued artist revenue in your account that we have not yet paid to you, and you will not be entitled to be paid for such amounts.

Your representations and warranties

  1. You represent and warrant to us that:
    1. If you are an individual, you are at least 18 years of age;
    2. If you are a company, body corporate or other legal entity, you have full capacity to enter into this Agreement;
    3. You have reviewed, and agree to be bound by, the Display Done Website Terms and Conditions, the Display Done Membership and Content License Agreement, the Take Down Policy and the Privacy Policy;
    4. You are the sole and exclusive owner of the Content or otherwise have all necessary rights to:
      1. grant us the licence described in this Agreement;
      2. allow us to provide the Content on the Service;
  • use any third party names, trade marks, service marks, logos or designs which are incorporated or represented in your Content; and
  1. grant licences to Members in accordance with this Agreement and the Display Done Membership and Content License Agreement;
  1. You have not granted any licences or other rights to your Content that conflict with your obligations under this Agreement (including, but not limited to, granting exclusive licences in your Content to third parties);
  2. The Content is free of all viruses, worms, Trojans or other disabling code that may be used to edit, delete or allow unauthorized access to a recipient’s computer or network; and
  3. The Content is an original work and the licensing, sub-licensing and use of such Content in accordance with this Agreement and the Display Done Membership and Content License Agreement by Members and/or us will not infringe the rights of any other person, including but not limited to, any copyright, trademark or other intellectual property right, any contractual right or any right to keep information confidential.

Indemnity

You agree to at all times indemnify and hold us and any of our officers, employees, directors, shareholders and agents harmless against all liability, claims, losses, damages, costs (including legal costs) and other expenses of any nature whatsoever awarded against, incurred or suffered by us and any of our officers, employees, directors, shareholders and agents arising out of or in connection with:

    1. any third party claim that the use of Content provided by you infringes that third party’s rights; or
    2. any breach by you of this Agreement.

Disclaimer of warranties and limitation of liability

  1. You acknowledge and agree that the Service is provided ‘as-is’ and ‘as available’ and your use of the Service is conducted entirely at your own risk. We make no representations or warranties as to the availability, operation, functionality or security of the Service, that the Service will meet your requirements or that any Content you provide will be made available to, or downloaded by any, Members. You acknowledge and agree that, except as expressly provided in this Agreement, we give no warranties in relation to the subject matter of this Agreement, either express or implied, including (but not limited to) any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result. You acknowledge that:
    1. You do not enter into this Agreement in reliance on any representation, warranty, term or condition except as expressly provided in this Agreement; and
    2. Any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
  2. To the extent permitted by applicable law, subject to clause 30, the maximum liability of us to you arising out of any and all claims under this Agreement, or relating to the Content that you provide for the Service, will not in any circumstances exceed the sum of $400 USD.
  3. To the extent permitted by applicable law, in no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for:
    1. Loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss caused by interruption, loss or corruption of data or wasted management or staff time; or
    2. Loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,

arising directly or indirectly out of this Agreement, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.

  1. Where applicable laws do not allow warranties to be excluded or liability to be limited, some of the above disclaimers and limitations may not apply to you and you may have additional rights. None of the exclusions or limitations in this Agreement will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.

Governing law

  1. This Agreement shall be governed by, and must be interpreted in accordance with, the laws of hungary. You agree to submit to the non-exclusive jurisdiction of the courts of Hungary.
  2. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Amendments to this Agreement

  1. We may make changes to this Agreement from time to time, and you agree to be bound by such changes. If we make such changes, we will notify you by posting notice of the update in the member login area of the Display Done website and they will be effective immediately (unless stated otherwise). You are responsible for reviewing the Website regularly to obtain timely notice of any such changes. If you do not agree to the terms of this Agreement, as amended and updated from time to time, you may cease to upload any further Content, remove your Content and/or terminate this Agreement.

General provisions

  1. This Agreement, together with the Display Done Membership and Content License Agreement, the Display Done Website Terms and Conditions, the Take Down Policy and the Privacy Policy comprise the entire agreement between us and you, and supersede any prior agreements, representations, understandings or undertakings between us and you relating to the subject matter of this Agreement.
  2. Our failure or delay in the exercise of any right or remedy we may have under this Agreement will not be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
  3. If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement will remain otherwise in full force and effect apart from such provisions, which will be deemed deleted.
  4. You agree that we may assign, transfer or novate this Agreement to another person without your consent. You may not assign, transfer, novate or sub-license this Agreement, or any of your rights under it, without our prior written consent.
  5. You agree that we may deliver all notices under this agreement by e-mail or any other means legally permitted under Hungarian law. You may change or update your registered e-mail address at any time in the member login area of the Display Done website. Our e-mail address is info@ddone.szamitogep-shop.hu.
  6. Except as expressly stated in this Agreement, we are not the agent or partner of you and you are not our agent or partner. Neither of us may make any commitments on the other’s behalf, nor represent that we have authority to commit the other party.