The following is a legal agreement between you (Seller) and the Cartoonists Shop (CS) owners and operators. Before becoming a Seller you must agree to the terms of this Agreement.
- Both parties acknowledge that the Seller may upload photos or vector illustrations (“Images”) to the Website, and Cartoonists Shop (CS) will review these files to ensure they are suitable for distribution.
- The Seller authorizes Cartoonists Shop (CS) to be his/her non-exclusive agent to license said Images to third parties and customers. In addition, the Seller allows Cartoonists Shop (CS) to distribute and publish these Images and acknowledges that they may be used for promotional purposes.
- The Seller acknowledges that Cartoonists Shop (CS) will not accept any Images that infringe on any copyright, trademark, property- or any other applicable rights. You are solely responsible for the legal status of your Images. You warrant that for each Image You own all the proprietary rights and that You obtained all the necessary releases which You must provide for each submission.
- Cartoonists Shop (CS) reserves the right to reject or remove any approved Images at any time if We believe they are defective or infringe on rights. Serious copyright infringement issues such as uploading stolen Images result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution.
- We reserve the right to change this agreement at any time. Should the Agreement change, we will announce any modifications through the on-site messaging system.
- Cartoonists Shop (CS) agrees to pay Seller a flat rate of 40% for each image sale including extended licenses.
- Payouts are issued at $50 in earnings. Payments are processed through PayPal or MoneyBookers in US Dollars.
- Cartoonists Shop (CS) reserves the right to change royalty rates at any time and will announce any modifications through the on-site messaging system.
- Both parties can terminate your membership account for any reason with a written request to end membership. We warrant that upon termination, your Images will be removed from the Website and your account closed.
- Cartoonists Shop (CS) reserves the right to terminate your membership if your account produces zero (0) sales or you fail to login or submit images in a 12 month period.
- You acknowledge that if your Seller account was terminated by Cartoonists Shop (CS) due to copyright infringement, scamming, credit card fraud or other kinds of illegal or malicious activity, your earnings will be confiscated and your account will be terminated immediately.
You agree to indemnify, defend, and hold harmless Cartoonists Shop (CS) Images and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Images, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
Warranty and Liability
THE WEBSITE AND THE IMAGES ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARTOONISTS SHOP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
CARTOONISTS SHOP IMAGES SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.