Submission Agreement Interpretation
This is an interpretation of this agreement, specifying the reasons we need to reserve every right that we reserve, line-by-line in this agreement. It protects Customize, it protects the artist - generally it just defines the relationship between Customize and artists legally so that there is no question as to where everyone stands. It outlines all of the things you can and can't do on the site and what we can and can't do with an artists work. None of this is intended to give us the rights to do anything more than we're already doing, it's simply making it okay legally for us to do all the things we are.
1. TERM - The second you submit a piece of art to Customize.org is when that piece of work begins to be governed by this agreement. The second you (the artist) delete it, that piece of work is no longer governed by this agreement.
2. OWNERSHIP - Artist owns what artist uploads at all times.
3. LICENSE TO USE ARTIST MATERIALS - You're allowing Customize to post your work on the site. You can also post your work on other sites.
(3a) We can do what we have to do in order to get the materials up on the site. Including copying them to the right servers, arrange them in the database, put them in the folder they fit in, etc.
(3b) We can then put it up on the site and let people see it.
(3c) We can modify and adapt the work to put it on the website. As an example, we can resize it to create a preview image for you.
(3d) This allows us to sub-license the work. Meaning we can put it on other sites we power. For example, if we were to co-brand Customize for a different company. This absolutely does NOT mean we're allowed to sell your works to third parties or anything close to anything of that nature. Reminder: the second you delete work, it's removed not only from Customize but from these affiliates as well.
4. NAME AND LIKENESS - We can use your name or group name to promote your art or Customize while you're a member of the site. For example, if you're a member of the site, we're allowed to say that you're a member of the site and you (the artist) can't sue us for saying so.
5. PAYMENT - This agreement is royalty free, which means you don't pay us and we don't pay you to have your art on the site.
6. REPRESENTATIONS AND WARRANTIES
(6a) This assures that the artist who is submitting pieces of work has the right to submit the pieces of work. And the artist has the power and authority to enter in to this agreement.
(6b) The artist submitting this work has secured the rights from third-parties to submit the work he/she is submitting (if there are third-parties). For example, if you're submitting a picture of someone whose face you photo manipulated, you have the authority and rights reserved from the person who owns the photograph to edit the picture and submit it to the site.
(6c) The work you're submitting to Customize will not violate any copyright laws and such that someone else owns.
(6d) All the information you provide is true and complete.
(6e) The things you're submitting to the site won't violate any laws.
(6f) You are not submitting anything to Customize that is obscene (defamatory, pornographic, etc.)
(6g) There are no viruses or things that would hurt our servers or database in what you're submitting.
(6h) If you're not of age, the person who's hitting the submit button on this agreement is of age and has the ability to over-see your use of the site and your compliance with the things in this agreement.
7. THIRD PARTY PAYMENTS - If you use something owned by someone else in whatever it is that you're submitting, you're responsible for paying that person whatever they expect to be paid for use. If that's nothing, then that's nothing. But if you're supposed to pay them something, you're agreeing to pay them and that it's not our obligation.
8. INDEMNITY (including 8a 8b 8c) - We are not responsible to reimburse you for any loss, liability or damage resulting from the use of the Customize site, from a breach of agreements with anyone you're involved with, or third-parties who have claims to the work you're submitting. In other words, if the stuff you're submitting isn't yours and those people get mad, that's not our fault and we aren't liable.
9. CUSTOMIZE'S PERFORMANCE
(9a) Our servers might have problems, we can't take the blame for this.
(9b) We don't guarantee that the site will be up all the time, or that it will be available at all. We don't guarantee that any of our services will always be available. We don't guarantee that your computer can't somehow be infected by a virus, however we'll take all actions we can to prevent this.
(9c) Example: Someone comes to Customize, saves your work to their hard drive, and then posts it on their website. That's not our fault. You have to go after that web-site to get it taken down if you so choose.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES - Example: If you can't access the site to get information that's really important to a business meeting you're attending, that's not our fault. Even if you tell us you really need the site to be up, we still aren't responsible if it isn't. And more generally: we aren't responsible.
11. COPYRIGHT AND TRADEMARK NOTICES - Customize owns it's own layout and, permission to use any of it must be requested first.
12. MISCELLANEOUS
(12a) This agreement is governed by the laws of the province of Ontario.
(12b) We can assign this agreement to whoever we want as long as they sign it.
(12c) If you have any requests or anything, contact the address given.
(12d) This agreement contains the rules to submitting things to Customize - nothing else.
(12e) If we change the agreement, you'll be informed and will have to agree to it again before those changes take effect for you.