1. The Paranormal Scholar Fan Art Program
This License Agreement (hereafter, the ‘Agreement’) shall set forth the terms and conditions for the submission of artwork based on The Paranormal Scholar® Brand. In order to participate in the Fan Art Program, you must first acknowledge your agreement to the terms and conditions of this Agreement by ticking the “I Accept” checkbox located at the bottom of the submission form. Note that you may not accept the agreement if you are not of legal age to form a binding contract with The Paranormal Scholar.
You, the Artist, hereby grant The Paranormal Scholar a partially exclusive, worldwide, perpetual license to exploit, commercially or otherwise, the artwork (hereafter, the ‘Licensed Materials’) that you submit to The Paranormal Scholar, in consideration of The Paranormal Scholar providing you the opportunity to participate in the Fan Art Program which is made possible by the existence of The Paranormal Scholar Brand. The Licensed Materials may be used for all The Paranormal Scholar’s business purposes in all media, in whole or in part, distorted in character or form, including but not limited to, the right to use the artwork on its websites, as well as for its internal, trade (including merchandise) and advertising purposes.
In consideration of partial exclusivity, the Licensed Materials may not be used by the Artist in a manner which defames, imitates, replicates, or in any way refers to The Paranormal Scholar for a commercial purpose. This includes, but is not limited to, the resale of the Licensed Materials as unauthorised The Paranormal Scholar merchandise. The Artist will retain ownership of the Licensed Materials and may redistribute and repurpose said Licensed Materials, providing that the Artist does not violate the aforementioned terms of partial exclusivity. The Artist may, for example, use the Licensed Materials for self-advertising as part of a portfolio, or as a base for future artwork, providing that such artwork does not violate or refer to The Paranormal Scholar Brand in any way.
3. Representations and Warranties
With respect to the Licensed Materials, You hereby warrant that: (a) you are 18 years of age or older; (b) You have the right to provide The Paranormal Scholar the foregoing license to utilise the Licensed Materials without liability or compensation to others; and, (c) the use, reproduction, distribution, or transmission of the Licensed Materials will not, and the Agreement does not violate any foreign of domestic, federal, state or local law or regulation, or any rights of any third party, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary, property, or contractual right, or constitute false advertising, unfair competition, defamation, invasion of privacy or rights to celebrity, or any other right of any person or entity.
You agree to defend, indemnify and hold The Paranormal Scholar harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorney’s fees) arising from: (i) a breach of Your representations and warranties hereunder, and (ii) The Paranormal Scholar or Your use or disclosure of subject matter which You know or reasonably should know others have rights in, except, however, for subject matter and the identity of others having rights therein that You disclose to The Paranormal Scholar in writing before The Paranormal Scholar uses the subject matter.
The sole consideration for the license granted under this Agreement by You to The Paranormal Scholar shall be the display of the Licensed Materials on the ParanormalScholar.com (hereafter, the ‘Website’) with a credit line that provides credit to You, the Artist, as the creator of the Licensed Materials. The Paranormal Scholar shall have the right to determine, in its sole discretion, how and when to display the Licensed Materials, if at all. As such, if The Paranormal Scholar chooses to display the Licensed Materials, The Paranormal Scholar shall solely determine the length of time that the Licensed Materials would be displayed, and how. It is agreed by the parties hereto that display of the Licensed Materials as stated above is full and complete consideration for the grant of license contained herein. In the event that The Paranormal Scholar should fail to place the credit line on the Website in association with the Licensed Materials, The Paranormal Scholar will take every reasonable step to correct such an error, but in no event will such failure be deemed a material breach hereunder.
The Paranormal Scholar may, but is not bound, to consider the right of the Artist to receive a form of compensation for the production of the Licensed Materials on a case by case basis. Compensation may include, but is not limited to: advertisement of the Artist and their work on the Website or in associated The Paranormal Scholar productions; provision of discount opportunities for products made using the Licensed Materials; and monetary compensation.
6. Changes to this Agreement
From time to time, The Paranormal Scholar may replace this Agreement with new versions (each a “New License”), and in such an event, this Agreement will terminate immediately upon the introduction of a New License. When The Paranormal Scholar replaces this Agreement, The Paranormal Scholar shall post the New License on this site, and you will then have thirty days to accept or reject the New License. To reject a New License, you can contact The Paranormal Scholar at [email protected] to inform The Paranormal Scholar of your rejection of the New License, and thereafter, The Paranormal Scholar shall no longer post the Licensed Materials on the Website. If, after the thirty day review period has expired, you have not rejected the New License, then the New License shall become a binding agreement between you and The Paranormal Scholar for the use of the Licensed Materials.