Introduction

As a Contributor "You" agree to be bound by this Contributor Terms of Use Agreement ("Contributor Agreement"). This Contributor Agreement sets out the legally binding terms that govern Your use of the Chicago Wall Art Website (ChicagoWallArt.com) ("Website") in connection with the distribution of images and information. Chicago Wall Art may modify this Contributor Agreement from time to time and such modifications shall be effective upon posting to the Website. The changes to this Contributor Agreement may be made without advance notice to You, and You agree to be bound by any changes if You continue to use the Website after such changes are posted.

Contributor Signup

In order to be a Contributor, You must open an account at ChicagoWallArt.com and be approved to contribute. You must upload Your own images to the Website. You set Your own markup to sell images as prints or any available products. You may create a profile with Your name, picture, biography, and contact information. This information will be publicly viewable on the Website.

Account Cancellation

You may close Your account by written request to the Website administrator. Images already ordered or in customer carts will be held for a period of 30 days so that orders can be fulfilled. All images will be immediately disabled and hidden from public view, then deleted after 30 days. Chicago Wall Art may cancel a Contributor account at any time for any reason. Even after Your account is terminated, Your obligations under this Contributor Agreement will remain in effect.

Image Submission

By submitting images to Website, You grant to Chicago Wall Art a worldwide, non-exclusive right to sell, license, sublicense, reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any images uploaded by You and accepted by Chicago Wall Art in exchange for specified compensation as agreed upon by You and Chicago Wall Art, until such time as this Contributor Agreement is terminated pursuant to its terms. You further grant to Chicago Wall Art a worldwide, non-exclusive, to use the images You submit and Your name, username and Images in connection with Chicago Wall Art's marketing and promotional activities without the payment of any compensation to You. You also grant Chicago Wall Art the right to use and display your Content in online advertisements, online videos, online newsletters, printed marketing materials, social media, and TV commercials for the purpose of promoting Chicago Wall Art.

Chicago Wall Art has the right to refuse to accept or to remove Images from the Website at any time for any reason. Images will be removed if Chicago Wall Art believes that the Images will subject Chicago Wall Art or any of its officers, managers, directors or employees to legal liability or if the Images violate these terms and conditions of use.

You expressly waive any artists' authorship rights or any moral rights that You would otherwise have under the laws of the State of Illinois, United States Copyright Act or similar laws of any jurisdiction.

Copyright / Image Ownership

The copyrights in and to all Images You submit remain with You as the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to Chicago Wall Art or its sublicenses.

Compensation

For all of the products available on Chicago Wall Art, You specify how much you want to earn for each product sale. When a product is sold, Chicago Wall Art will credit your Chicago Wall Art account with the price that you had set for the purchased product at the time the buyer added the product to his shopping cart on the Website. You may change prices (Your Markup) at any time via account settings page.

If Your account is terminated for a breach of the material terms of the Contributor Agreement, in addition to its other rights at law or in equity, Chicago Wall Art shall have the right to retain any royalties and/or other compensation otherwise payable to You hereunder as liquidated damages.

If You are credited compensation for a sale and Chicago Wall Art thereafter issues a refund to the buyer for that sale, Chicago Wall Art shall have the right to deduct payments credited to Your account. If Chicago Wall Art makes an overpayment of compensation to You for any reason Chicago Wall Art shall have the right to deduct the amount of such overpayment from Your account or to demand the immediate repayment of such overpaid compensation.

Chicago Wall Art reserves the right to cancel any order placed on the Website at any time for any reason. When an order is canceled, the buyer will receive a full refund, and the Contributor will not be entitled to any compensation from the sale.

Payments

Payments are sent to you on or around the 15th of each month for all of Your sales that were received by Chicago Wall Art on or before the 15th of the previous month which were not subsequently canceled or returned within 30 days after the sale date.

All payments are sent via Paypal. If You do not have a Paypal account, You can not receive payments from Chicago Wall Art. There is no minimum balance required to receive a payment. If Your payment due is greater than $0, the payment will be sent.

Returns

You grant Chicago Wall Art the right to dispose of Your returned products in any manner we see fit. You may request to receive the returned product at Your expense.

Model Releases

You agree to provide Chicago Wall Art with complete, valid, and accurate model releases for all Images uploaded to Website that require said releases. You agree that You are solely responsible for retaining all model releases and maintaining accurate model and release records. Submission of falsified model releases is a material breach of these terms and may lead to termination of Your account without notice. You agree that Chicago Wall Art may furnish redacted model releases to customers, in order to respond to any potential or actual legal action or comply with applicable laws, regulations, and/or union reporting requirements.

Content Posted to Website

You are solely responsible for the Content that You upload or post to the Website or any material or information that you transmit to other Contributors.

You represent and warrant that: (i) You own the Content posted by you on the Website or otherwise have the right to transfer rights in the Content, and (ii) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

You understand and agree that Chicago Wall Art may review and delete any Content, message, image, or profile that in the sole judgment of Chicago Wall Art violates this Contributor Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any Contributor or any third-party.

You agree to use the Website in a manner consistent with any and all applicable laws and regulations.

Limitation of Liability

IN NO EVENT SHALL Chicago Wall Art BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF Chicago Wall Art HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Chicago Wall Art's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Chicago Wall Art.

Indemnification

You agree to indemnify, defend and hold harmless Chicago Wall Art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Contributor Agreement, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of this Contributor Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Contributor Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Term and Fees

Chicago Wall Art reserves the right to charge Contributors for membership on the Website. The current membership fee is $30 per year and is charged automatically on the anniversary of their sign-up date. Lifetime membership is available for a one-time $300 fee. Fees are non-refundable.

Copyright

This site contains copyrighted photographic images, graphics, text, HTML/CSS/JavaScript coding, and overall design created by, and are the exclusive property of Chicago Wall Art (except where noted, for which the originator holds all rights) and are protected under United States and International copyright laws. The photographic images and graphics placed on this site are for viewing purposes only and are not within the Public Domain nor Creative Commons. Do not copy, use, store, print, distribute, manipulate or otherwise alter any photographic images, graphics, text, or code found on this website without the expressed written consent of Chicago Wall Art and payment of a fee or arrangement thereof.

Governing Law

This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.

Entire Agreement

This Contributor Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.

By submitting any images to Chicago Wall Art, You agree to be bound by this Contributor Agreement with the same force as if you signed such documents by hand.