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Artist Agreement

This agreement contains the terms and conditions that apply when a person submits a clothing design, including any artwork, text and other visual features (hereinafter “Design”) to Living Dead Ventures Pty Ltd (hereinafter “Living Dead Clothing”).

Please read this agreement carefully as it forms the entire agreement between you and Living Dead Clothing and supersedes all oral and written communications between you and Living Dead Clothing.

1. You Grant Living Dead Clothing a Licence to Use Your Design

a. When you submit a Design to Living Dead Clothing you grant Living Dead Clothing a world-wide, non-exclusive, perpetual, royalty-free, sub-licenseable and transferrable licence to use, reproduce, publish, distribute, modify, adapt, translate, display online or electronically transmit, and prepare derivative works of your Design.

b. Living Dead Clothing may in its sole discretion display your Design on Living Dead Clothing’s website (www.livingdead.com.au), on social media, and in any other form of advertising or promotion.

c. Living Dead Clothing may in its sole discretion incorporate your Design in or print your Design on articles of clothing and other products and sell those articles of clothing and other products to its customers.

d. You submitting a Design to Living Dead Clothing in no way obliges Living Dead Clothing to use your Design in any way.

e. This agreement does not constitute a joint venture, partnership, agency, employment or fiduciary relationship between you and Living Dead Clothing.

2. You Retain Your Copyright

a. Living Dead Clothing acknowledges that you continue to own copyright in your Design.

b. You acknowledge that a person who owns a lawfully made item of clothing or other product that embodies a copy of your Design may sell or otherwise dispose of the item or product.

3. Commission

a. If Living Dead Clothing incorporates your Design in any clothing we advertise for sale on the Living Dead Clothing website we will pay you a one off commission of $500 AUD (hereinafter the “Commission”).

b. You warrant that you are of the age of legal majority in your place of residence.

c. You warrant that your Design is not: prohibited by any applicable laws; is not owned, in whole, or in part, by another person or entity; does not defame, violate, or infringe the rights of another, including rights of publicity, privacy, trade mark, trade secret, patent, copyright, or any other intellectual property rights; and is not obscene, offensive, racist or pornographic.

d. You warrant that you have the rights to grant to Living Dead Clothing the rights identified in this Agreement, and that such rights do not conflict with the rights of any other person or entity or your obligations to them.

e. You agree to notify Living Dead Clothing if after submitting your Design, you become aware that your Design infringes or violates the rights of another, including the trade mark, trade secret, patent, copyright, right of publicity, privacy, or any other intellectual property rights of another.

f. You agree to submit to Living Dead Clothing all information of which you are currently aware that suggests that your Design infringes or violates the rights of another. You agree to notify Living Dead Clothing when you submit your Design of any allegation of which you are aware that your Design infringes the intellectual property rights of another.

g. If, after submitting your Design, you become aware of information suggesting that your design infringes or violates the rights of another, you agree to submit such information to Living Dead Clothing within one (1) business day.

h. You agree to notify Living Dead Clothing within one (1) business day of any allegation of which you become aware that your Design infringes the intellectual property rights of another.

i. You agree that you will not assign or license your Design or any part of it in a way that would restrict Living Dead Clothing from fully exploiting the licence you have granted to it. You also agree to notify Living Dead Clothing within one (1) business day if, after submitting your Design, you license or assign rights in your Design to another such that the rights identified in this Agreement conflict with the rights of another or your obligations to them.

j. The notifications in clauses 5(e) to (i) above are to be given by email to info@livingdead.com.au.

4. Unacceptable Content

a. You agree that you will not submit a Design to Living Dead Clothing if the use of your Design by Living Dead Clothing would infringe any copyright, trade mark or other intellectual property rights of any person or any rights of publicity in any person.

b. You agree that you will not submit a Design to Living Dead Clothing’s website that contains pornographic, indecent, inflammatory, defamatory or racist words or images, or words or images that are otherwise obscene in any way.

c. You agree that you will not submit files or other content to Living Dead Clothing’s website that contain or comprise viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the operation of Living Dead Clothing’s website or its other computer systems.

d. You acknowledge that Living Dead Clothing has a right to terminate your access to Living Dead Clothing’s website or your right to submit designs if a Design you have submitted infringes another person’s rights or breaches any of the terms of this agreement.

5. Warranties You Provide

a. You warrant that you are the sole author of your Design and that your Design is entirely your own original work and is distinct from other works.

6. Takedown Requests

a. Living Dead Clothing may in its sole discretion at any time take down, remove or disable access to a Design that has been displayed on Living Dead Clothing’s website, without giving reasons to you. You acknowledge that will not be given warning prior to your Design being taken down, removed or having its access disabled.

b. Living Dead Clothing has a policy that it will remove from its website any Design that it reasonably believes or suspects infringes another person’s copyright, trade mark or other intellectual property rights, or rights of publicity.

c. To this end, Living Dead Clothing permits third parties to provide it with take down requests: see Takedown Request Policy.

d. You acknowledge that Living Dead Clothing is legally not able to provide you with individual copyright, trade mark or intellectual property rights advice in relation to a takedown request.

7. Indemnity

a. You indemnify Living Dead Clothing and its employees, representatives and agents in respect of any and all liability, costs and expenses (including reasonable legal fees) incurred by Living Dead Clothing arising from, related to, or incurred in connection with any claims arising from any of your acts or omissions that breach a term of this agreement.

8. Governing Law and Jurisdiction

a. This agreement, and any disputes that arise between you and Living Dead Clothing as a consequence of you submitting a Design to Living Dead Clothing or Living Dead Clothing using a Design submitted by you, are governed by the laws of Queensland.

b. Both you and Living Dead Clothing irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.

c. Both you and Living Dead Clothing irrevocably waive any objection that either may have now or in the future to the venue of any proceeding on the basis that the venue is an inconvenient forum if the venue is within the state of Queensland.

9. Enforceability and Severability

a. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect.

b. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

TAKEDOWN REQUEST POLICY

If you are an intellectual property rights owner or are the legal representative of an intellectual property rights owner and believe that any content on the Living Dead Clothing website infringes your copyright, trade mark or other intellectual property rights, or rights of publicity, you may complete a Takedown Request Notice on the Living Dead Clothing website.

Before submitting a Takedown Request Notice, you must consider whether fair use, fair dealing, or any other exception to copyright or trade mark infringement applies.

If you mistakenly submit a Takedown Request Notice, you can retract it by emailing us at info@livingdead.com.au.

Please be aware that Living Dead Clothing is not legally able to provide individual copyright, trade mark or intellectual property rights advice. 

When a Takedown Request Notice is received, Living Dead Clothing will remove any content or design from its website that it reasonably believes may infringe a person’s copyright, trade mark or other intellectual property rights or rights of publicity.

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