Limited Exclusive License Terms and Conditions
USAGE RIGHTS
- Unique Exclusive Licence – Upon completion, only the Client may use the designed element.
- The parties agree that no other person/legal entity can exploit or use the relevant Intellectual Property Rights (IPR) except the Client or the Artist as per the portfolio clause.
- The design can be used for digital and physical reproduction such as websites, apps, software, e-books, books, magazines, packaging, and promotional/marketing materials.
- The Client may also create items for resale including clothing, accessories, stationery, posters, postcards, homeware, and commercial merchandise
- The supplied files include:
- 1x High Res 300DPI PNG
- 1x Compressed PNG
- 1x High-quality JPEG
- Exclusive Rights grants the Client permission to reproduce the image as it is.
- The design cannot be modified or adapted without permission of the Artist and an additional fee may be required.
- The exclusive rights give the Client usage rights in any geographical location.
- This license has no term of expiration.
NOT PERMITTED:
Transfer or resale of the license to any other party, duplication, sub-licensing. The Image MAY NOT be sold or uploaded to any stock image site.
Designs by Colette Stevenson or BeeKids.Buzz MUST NOT be used in pornographic, fraudulent, obscene, immoral, infringing, blasphemous, illegal, or defamatory material.
RIGHTS
- All Images and rights relating to the design, including copyright and ownership rights, remain the sole and exclusive property of the Artist.
- This licence gives the Client the right to reproduce, distribute, and display the Image(s) only for the agreed-upon terms.
- The Client has no right to modify or amend the image without prior written consent from The Artist.
- Images used for any purpose not related to those terms must be made with the express permission of the Artist and may include the payment of additional fees unless otherwise agreed in writing.
- The Artist may reuse or recycle any unused designs or concepts.
- The Exclusive License covers The Client to use only the final design.
- Images may contain copyright management information (CMI) in the form of either
- A copyright notice ©
- and/or other copyright and ownership information embedded in the metadata.
- Removing and/or altering such information is prohibited and the Client will be responsible to the Artist for any penalties and awards.
PORTFOLIO RIGHTS
- The Artist may display Images created for the Client to showcase work in a design portfolio.
- Design Portfolio may include any or all of the following: the Artist’s website, other design portfolio sites, social or digital media, competitions, festivals, flyers or displays.
- Images may include early sketches, concept designs, and the final product.
- Unless otherwise agreed, the Artist may use the client’s name and/business description when displaying the image.
- The Artist will be respectful of any privacy concerns from the Client and will not reveal contact information without written consent.
- The Artist may not use the Image for any other purpose than to display work, skills, or accomplishments.
- If the Client does not want an Image to be included in the Artist portfolio, an additional fee must be paid.
TRANSFER & ASSIGNMENT
- The Client may not assign or transfer this Agreement, or any rights granted under it to any other party.
- No amendment or waiver of any terms is binding unless in writing.
TERMS OF WORKING
- The Artist will work to the original client brief. If the client wishes to change or update the brief after work has begun, an additional consultation fee will be paid.
- All work will be completed in a timely manner, and the Artist will attempt to finish the project within four-weeks commencing the first working day after the brand consultation.
- The Artist will keep the client updated about progress and will inform the client about any delays.
- During the concept stage, the Client and artist agree upon a concept. Should the client change their mind after work has commenced, an additional fee will be charged.
- The client is permitted ONE edit after the Development Stage. Additional edits are billed separately.
- The client will only receive the final files after payment is completed.
- Due to the nature of the work, there are no refunds for work that has commenced.
- In the event the client would like to modify the mascot at a later date, the Artist will create a new contract and terms of working to suit Client requirements.