Artist Submission Terms
BUCKETFEET DESIGN SUBMISSION TERMS AND CONDITIONS
Welcome to Bucketfeet! SkinnyCorp, LLC (“Bucketfeet”, "Company", “we”, “us” or “our”) collaborates with a global community of artists to design shoes (and other products), spark conversations, and create a brighter world. We sell our products primarily on Bucketfeet’s website located at www.bucketfeet.com (the “Site”) and other sales channels, applications, promotional avenues and events (collectively, the “Services”). Every day we are astonished by the amazing designs that the members of our artist community create and share with us! We want to encourage this innovation and invite all of you to submit your ideas, concepts, content and designs to Bucketfeet (each of the foregoing that you submit, upload or otherwise provide to us, a “Design” and collectively “Designs”) so that we can consider adding your Designs to the Bucketfeet collection.
By submitting any of your Designs to Bucketfeet, you acknowledge you have read, and agree to be bound by, the terms and conditions below and all linked pages, including our Payments Page (collectively, the “Design Submission Terms and Conditions”).
If you do not agree with these Design Submission Terms and Conditions, do not submit any of your Designs to Bucketfeet.
- Submission. You agree to submit each Design in a format reasonably requested by Bucketfeet. You will reasonably cooperate as requested by Bucketfeet with respect to any modifications or alterations to each Design as reasonably proposed by Bucketfeet. You acknowledge that Bucketfeet may decline to select any Design, exclude any Design from consideration, take down any Design from the Site for any reason, elect to use or not use any Designs, or cease production of any Design, at any time, in its sole discretion and that the decisions of Bucketfeet are final and binding. Under no circumstances will Bucketfeet be required to use any Design or treat any Design as confidential.
- You hereby represent and warrant that (a) each Design is your own original work and, except as provided by the following sentences in this Section 2, does not contain any trademarks, logos, copyrighted material, or other intellectual property belonging to any third party, or content subject to a third party’s right of publicity, privacy or the like, (b) none of your Designs infringe, misappropriate or violate any intellectual property, proprietary or other rights (including but not limited to rights of privacy, publicity or the like) of any third party and (c) you have the full right, power and authority to enter into these Design Submission Terms and Conditions and that your agreement to these Design Submission Terms and Conditions does not violate any agreement you have with any third party. You shall not incorporate in any Design any information or materials to which third parties have rights, whether by patent, copyright, trade secret, rights of privacy or publicity or otherwise (“Third Party Materials”) without obtaining Bucketfeet’s prior written consent. If such consent is granted and you incorporate Third Party Materials in the applicable Design, you agree to obtain written permission to include such Third Party Materials in the Design, without any additional expense to Bucketfeet. This written permission must be fully consistent with all the rights granted to Bucketfeet under these Design Submission Terms and Conditions. You will provide Bucketfeet with a copy of the written permission upon completion of the Designs.
- You may not submit any Design that (a) is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized; or (b) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive. In addition, any tags, product descriptions, and labeling of your Design may not contain words that are derogatory or use malicious tags or descriptions.
- Intellectual Property Rights. You hereby grant Bucketfeet a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable (through multiple tiers) right and license to (a) upload, adapt, publish, modify, reproduce, copy, exhibit, publicly display, create derivative works of, distribute, sell, advertise, use and otherwise fully exploit any or all of your Designs (in whole or in part), and the right to (or license others to) incorporate all or any portion of your Designs in other works, goods or products (“Products”) in any form, manner, medium or technology now known or hereafter devised, and (b) use (and license others to use) any or all of your Designs (in whole or in part) to make, have made, use, sell, have sold, offer for sale, have offered for sale, import and market, advertise and promote any Products. You hereby waive any “moral rights” you now or may in the future have in each Design. Except for the license granted above, you retain all right, title and interest in and to your Designs.
- Bucketfeet agrees to pay you the applicable fee set forth on our Payments Page (if any) for each Product incorporating one of your Designs that is sold by or on behalf of Bucketfeet or a Bucketfeet licensee to an end customer (“Fees”); provided that no Fees shall be payable for Products sold at a price less than the fully-burdened cost of goods (including, without limitation, the costs of materials, manufacture, freight, and warehousing).
- All Fees payable hereunder will be paid within ninety (90) days after the end of each month in which payment for the applicable Product (or license) is actually received by Bucketfeet (and not subject to refund, return or other contingency), in U.S. Dollars and by PayPal, check or other mutually agreed upon payment method. For clarity, the Fees attributable to any customer returns, or any other refunds, offsets, credits or chargebacks, in a particular month will be deducted from the Fees otherwise payable hereunder in such month. For clarity, if Bucketfeet (or its licensees) elect not to manufacture and/or fail to sell to end customers any Products incorporating your Designs, then no Fees will be payable. Bucketfeet makes no guarantees regarding publicity, minimum fees or other benefits that may be obtained or earned by you.
- Publicity. You hereby grant to Bucketfeet a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable (through multiple tiers) right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any manner, medium or technology now known or hereafter devised in connection with Bucketfeet’s marketing, promotion and/or use of your Designs, Products and services related thereto and generally in connection with Bucketfeet’s business.
- Indemnification. You hereby release, and agree to defend, indemnify and hold harmless, Bucketfeet and its affiliates and their respective officers, employees, directors, agents and sublicensees (each an “Indemnified Party”) from and against any and all third party claims, damages, liabilities, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to (a) an Indemnified Party’s use of any Design (including reproducing, distributing, adapting, and displaying any Design) and (b) any breach or alleged breach of these Design Submission Terms and Conditions by you. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUCKETFEET WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUCKETFEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISE FROM OR RELATE TO THESE DESIGN SUBMISSION TERMS AND CONDITIONS OR ANY SUBJECT MATTER RELATING HERETO. IN NO EVENT WILL BUCKETFEET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION RELATING TO OR ARISING FROM ANY SUBJECT MATTER RELEVANT TO THESE DESIGN SUBMISSION TERMS AND CONDITIONS EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) AND (B) THE AMOUNTS PAID OR PAYABLE BY BUCKETFEET TO YOU HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
- Governing Law; Attorney’s Fees. These Design Submission Terms and Conditions and any dispute arising hereunder are governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Bucketfeet agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Chicago, Illinois. In any action or proceeding to enforce rights under these Design Submission Terms and Conditions, the prevailing party will be entitled to recover reasonable costs and attorneys’ fees.
- Relationship of Parties. Bucketfeet and you are independent contractors, and nothing in these Design Submission Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Bucketfeet’s behalf.
- Miscellaneous. We reserve the right, at our sole discretion, to change or modify portions of these Design Submission Terms and Conditions at any time without prior notice and such revised terms and conditions will apply to any future Designs submitted to us after such revision. We will also notify you of any material changes to these Design Submission Terms and Conditions, either through a pop-up notice, e-mail or through other reasonable means. You may read a current, effective copy of these Design Submission Terms and Conditions at any time by visiting www.Bucketfeet.com/index.php/legal. Please review these Design Submission Terms and Conditions before submitting any Design. Any use of the Services (including without limitation submission of any Design) after the date these Design Submission Terms and Conditions were last updated shall constitute your acceptance of such revised Design Submission Terms and Conditions. If any change to these Design Submission Terms and Conditions is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services. These Design Submission Terms and Conditions and the services contemplated hereunder are personal to you, and you will not have the right or ability to assign, transfer or subcontract any rights or obligations hereunder without the written consent of Bucketfeet. Any attempt to do so will be void. Bucketfeet may fully assign and transfer these Design Submission Terms and Conditions in whole or part. In the event that any provision of these Design Submission Terms and Conditions will be determined to be illegal or unenforceable, that provision will be limited or eliminated so that these Design Submission Terms and Conditions will otherwise remain in full force and effect and enforceable. These Design Submission Terms and Conditions, including this provision, supersede any prior oral or written agreement between you and Bucketfeet with respect to the Design.
This goes in to effect: September 1, 2017