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Color Card Administrator, Inc. - PrintBusinessCard.com's Content License and Payment Agreement for Content Providers
This Content License Agreement is applicable to all persons providing content to or purchasing content from Color Card Administrator, Inc. (also referred to as CCA), owners of PrintBusinessCards.com and other subsidiaries. The term 'Site' shall be used to represent PrintBusinessCards.com and EasyCardDesigner.com. This agreement is also valid for all new sites that CCA may develop in the future. The term 'Content Provider' shall refer to anyone who has consented to the site to display their artwork or images to be sold in a business card format. The term 'Purchaser' shall refer to anyone representing themselves or their business entity who wishes to purchase a business card from the Site. The terms of this Agreement shall supersede any other agreement made on the Site.
Your Agreement as the Content Provider
This is a legal agreement between any Content Provider intending to display images or artwork onto the Site (in this agreement referred to as "you" or the "Content Provider") and Color Card Administrator, Inc. (also referred to as CCA), owners of PrintBusinessCards.com and other subsidiaries While PrintBusinessCards.com is CCA's primary retail site, images and artwork may appear on other CCA websites and in marketing materials (such as our Easy Card Designer Catalog Ordering System). The Content Provider desires to appoint CCA as a non-exclusive agent to feature, print, and distribute business cards with images or artwork created by the Content Provider.
The Content Provider acknowledges that CCA prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site. By uploading Content, you are warranting that you own all proprietary rights, including copyright, in and to the Content. Content cannot include any faces or other distinguishably recognizable content of any person. In addition, to the extent that the content does contain images of people or persons but without faces or other distinguishably recognizable content, you represent and warrant that you have obtained a valid and binding model release forms from all required that will permit the uses for such Content. You also warrant that where required by applicable law, you have also obtained a valid and binding release in substantially the same form relating to any identifiable property contained in the Content that might sensibly lead to the identity of or be required by the owner of such property to permit its use.
The Content Provider indemnifies CCA's directors, officers, employees, partners, affiliates, or agents from liability for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use any Content.
All Content supplied to CCA will be managed by the corporation. Content Providers may request at any time that certain artwork or images be added or removed. Content Providers will also be allowed to submit changes to their Content Producer Profile. Once an image has been purchased for a business card, the purchaser of that business card with the use of any image has the right to continue to reorder business cards indefinitely with that image for their personal or their entire company's use.
If at any time a Purchaser wishes to contact the Content Provider to discuss additional services, the Site shall be authorized to disseminate the Content Provider's contact information to the interested Purchaser. For further information regarding the use of confidential information retained by the Site for Content Providers or Purchasers, please refer to our Privacy Policy.
Terms of Agreement
This Agreement is effective until terminated. You may terminate this Agreement at any time by giving thirty (30) days written notice to PrintBusinessCards.com by using
[email protected] or such other means of written notice acceptable to the Site which enables confirmation of your identity and your intention to terminate CCA may also terminate this Agreement for any reason by e-mail at the last address contained in your Content Provider information. If CCA terminates you, such termination shall be deemed to be notice of termination of this Agreement, as well.
Upon the termination of this Agreement, the grant of authority given to CCA shall cease subject to the following conditions: (i) the Site shall remove Content from the Site within thirty (30) days of the termination of this Agreement; (ii) notwithstanding termination, the Site shall have the right to continue selling Content until it is removed from the Site; the only exception shall be if the Provider has templates in the Easy Card Designer Catalog, which is governed separately through the Easy Card Designer Catalog Agreement and (iii) regardless of the expiration or termination of this Agreement, the Site will continue, in accordance with this Agreement, to pay compensation due to the Content Provider in respect of purchases made during any transitional period.
Color Card Administrator, Inc. reserves the right to change the terms of this agreement at any time. If changes to this agreement are made, you will be notified through the email address you provided to us.
The Rights of the Purchaser of Your Templates:
Purchasers who choose artwork or images created on the Site may only display the artwork or image on the business cards purchased from this Site. No other rights are associated with the purchase of artwork or images that are used on the business cards. If a Purchaser would like to use the artwork or image from the business card in any other format (letterhead, envelopes, promotional materials, etc.), the Purchaser must agree to the Additional Use Rights Agreement and purchase the Art File. Please refer to our Privacy Policy for additional information about your personal information.
In accepting this agreement, you also give us permission to contact you through the email address listed on your account. We will only contact you in the event that you need assistance in locating a Featured Artist (Content Provider) or to answer questions you are unable to satisfactorily answer in our FAQ's section and in the Community Forum Help section. As a Purchaser, you also have the ability to opt-in for additional, periodic emails notifying you of promotions and specials that we may be featuring.
The Purchaser shall accept this Agreement either for you or on behalf of an employer or the entity that is identified as the account holder, and agree to be bound by its provisions. If the Purchaser is accepting on behalf of an employer or the entity that is the account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, please do not purchase business cards on the Site.
General
You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of this agreement, the Privacy Policy and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them. The Site's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Payment
$5.00 will be paid to the Content Provider every time a new customer orders a business card from the images submitted. This is a one time fee for that customer. If the customer has multiple employees who order cards, the single one time fee covers all of them. This includes indefinite reordering privileges. This fee gives the customer the right to display the Content Provider's image only on their business card.
All payments will be made through PayPal. Payments will be disbursed on the third (3rd) Wednesday of every month, unless otherwise agreed upon. If you do not have a PayPal account, please sign up for one at
www.PayPal.com and notify us of the email address associated with your PayPal account by emailing us at
[email protected].
Color Card Administrator, Inc. reserves the right to modify the Content Provider Fee Schedule and Payment Agreement at any time. If this agreement is modified, all Content Providers shall be notified through the email address provided to us.
Contact
If you have questions or concerns relating to this Agreement, please contact CCA at
[email protected] or via phone at 1-888-429-8372.
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF CCA AGREEING TO PROVIDE A MEANS FOR THE SALE OF YOUR CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CCA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CCA RELATING TO THE SUBJECT OF THIS AGREEMENT.
May 13, 2008, 06:56
