Open Call Service Agreement

Artivive Services Agreement

Between

Artivive GmbH, Reindorfgasse 38/1/R01, 1150 Vienna

And

The Artist

 

Preamble 

This Agreement is entered into by and between Artivive GmbH, hereafter referred to as “Artivive”, and the artist(s) submitting to this open call, hereafter referred to as the “artist”, to acknowledge the understanding and compliance of the following terms. Artivive is an award-winning Augmented Reality (AR) tool that allows users to create new dimensions of art, by bridging the gap between classical and digital art.

Scope of work

The artist creates the works as has been agreed upon on the Artivive Open Call landing page.

Restrictions and Responsibilities

  • The artist confirms all the information provided to Artivive is true, accurate, and complete. Artivive’s Privacy Policy is an integral part of this Agreement.
  • The artist will not remove any artworks featured in the Open Call from their Bridge by Artivive Content Management System (Bridge CMS) account.

Intellectual Property

  • Intellectual property rights are to remain with the original owner (the artist) without limitations.
  • The artist grants Artivive and the open call organizers a royalty-free, worldwide license to: resell, distribute or make the artwork/s available through Artivive to customers now or in the future, use, reproduce, advertise, promote, transmit, publicly display, publicly perform in any and all digital or other formats for promotional purposes in connection with the services offered by Artivive through the site, third party websites, e-mail, social media or any other medium.
  • The artist grants Artivive and the open call organizers a royalty-free worldwide license to use any photos, videos, or links to posts submitted in this form, hereinafter referred to as “media” for its marketing and/or in its advertising, including without limitation, on the website gallery, in newsletters, email and other customer communications, and other marketing purposes. Artivive may use, reproduce, distribute, combine with other materials, and alter and/or edit your media at its sole discretion.
  • The artist ensures all intellectual property rights in and associated with the artworks submitted to Artivive are duly licensed or owned by the artist.
  • The artist ensures the artwork or content therein does not violate any third-party rights or laws or regulations.

General Terms

  • Artivive’s Terms and Conditions are the basis of this Agreement. By accepting this service agreement, the artist confirms to have read and agreed to our Terms and Conditions above.
  • Both Parties confirm that they are authorized to enter into this Agreement. Performance and obligations of either Party will not violate or infringe upon the rights of any other third-party, law, or governmental regulation; or violate any other agreement between the two Parties, or external agreements with any other person, organization, or business.
  • In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
  • Austrian material law to apply.
  • If any part of these Terms is found void and unenforceable, it will not affect the validity of any other clauses of these Terms, which shall remain valid and enforceable.
  • Notices under these Terms and any comments, questions, or complaints regarding this Agreement should be sent to Artivive.