Terms and Conditions
Introduction
Whoa! You clicked! We didn’t think anyone read these. Still, this document contains legal
information and it’s important.
Check it out and email us at dudes@globalstreetart.com if you have questions – we’ll build an FAQ as
we go along.
Firstly: your security. If you’re an artist or photographer and you’re worried about your data then
be safe – whatever that means
to you. We won’t share your data - we’ll email you our newsletter (if you sign up) and we’ll be in
touch if think we could work with
you (“Hey, you’re art is amazing, can we make a print with you?”). That’s why we asked you to tick
the boxes if you’re interested in
different commercial opportunities.
However, I can’t promise that one day we won’t be raided by the police. It does happen to sites
where there are graffiti writers in
the community.
About Global Street Art
Global Street Art (also refered to as "Site" or "the Site") is a photo and video sharing community
and an online platform that
provides information about street art and graffiti. The purpose of Global Street Art is to inform
about a cultural and artistic
movement.
By using the Global Street Art service you understand and agree with Global Street Art terms and
conditions. By uploading a file on
Global Street Art you certify that you have the right to distribute this picture and that it does
not violate the Terms of use.
Disclaimer
Global Street Art is not responsible and does not promote any vandalism act. This website is an
online magazine about street-art and
graffiti and a sharing platform with pictures uploaded by photographers. Global Street Art strongly
suggests its users to inform
themselves about the laws on vandalism in their country and to act wisely.
Global Street Art does not approve Global Street Art pages and cannot guarantee the content of it.
Nor is Global Street Art
responsible for the content of any Global Street Art pages. You should be careful before providing
any content on your Global
Street Art page.
Privacy policy
Global Street Art respects and protects the privacy of users. Individually identifiable information
about users is not
disclosed to any third party. Furthermore, Global Street Art does not collect any personal
information. Only a valid email
address and a name / nickname are required to join Global Street Art.
Cancellation
A user can delete their account at any time. Just send your request at dudes@globalstreetart.com
with the title
“Cancel my Account”.
Claims and complaints
For any complaint or copyright claim, you can email us at dudes@globalstreetart.com. Our teams will
investigate and delete
any content that violates these terms and conditions, or any property rights.
Copyright
We respect the intellectual property rights of others and we prohibit users from uploading, posting
or otherwise transmitting
on the Global Street Art website or service any materials that violate another party's intellectual
property rights. When we
receive proper notification of alleged copyright infringement, we promptly remove or disable access
to the allegedly infringing
material and terminate the accounts concerned. If you believe that any material on Global Street Art
infringes upon any copyright
which you own or control, you may send us a written notification at
dudes@globalstreetart.com
If you have opted that we can try and license your photos of if you are
considering it then please read the licensing terms below.
User Content Posted on the Site
Global Street Art will never use any content without mentioning credits of the artist and the
photographer.We fully respect the
author's rights and we want to promote artists and the photographers.
You are solely responsible for the photos, profile (including your name, image, and picture
profile), comments, text, information,
videos, and other content that you may upload on or through Global Street Art. You may not post, or
share content on
Global Street Art that you did not create or that you do not have permission to post. You understand
and agree that
Global Street Art editorial team may, but is not obligated to, review the Site and may delete or
remove
(without notice) any content in its sole discretion, for any reason. You are solely responsible at
your sole cost
and expense for creating backup copies and replacing any content you post on Global Street Art.
When you post content to the Site, you authorize and direct us to make such copies we deem
necessary in order to
facilitate the posting and storage of the content on Global Street Art. When you post content to the
site, you
authorize and direct us to use it for our editorial content online.
Behaviour rules
The Global Street Art service is available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted through your account will
violate the rights of any third party, including copyright, trademark, privacy, or contain
libellous,
defamatory or otherwise unlawful material.
In addition, here are some behaviour rules you must respect on Global Street Art:
- Be respectful. Don't use the service in any unlawful manner or any other manner that could
damage, disable or overburden
the site or any third party. Be kind and respectful with other users.
-
Don't upload and share any content we deem to be harmful, threatening, defamatory,
fraudulent, invasive or otherwise
objectionable.
-
Don't upload and share any private information of any third party.
-
Don't solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for
commercial or unlawful purposes.
-
Moderate your content and inform the Global Street Art Team if you see on Global Street Art
any unlawful content or content
that it does not respect this terms and conditions.
Terms and Conditions Amendment
The Global Street Art team can change these terms and conditions whenever it's necessary to improve
the service and the use of it.
We'll inform our users by email each time we change these terms and conditions.
Terms and Conditions for Licensing
Global Street Art is a platform that connects photographers with the street artists whose work they
document, such that both parties
benefit when street art photographs are licensed by third parties.
We (the people at Global Street Art) started this platform because we discovered that some
photo-licensing agencies were licensing
graffiti and street art photographs but the original street artists were not being compensated.
We thought that either these photo-licensing agencies were not sure how to connect with street
artists or were unwilling to put in
the effort to do so (licensing street art and graffiti photos was too small a part of their
business).
We also realized that graffiti and street art address many different subject matters and finding the
right images is often
difficult for people who want to license images. We built a classification system to make things
easier.
If you’d like to submit content to Global Street Art, we accept photographs of street art and
graffiti. We will also accept
photographs / scans of canvases, illustrations, prints and sketches or other ‘’indoor’’ work from
artists who also work outside.
All content must be submitted without watermarks. Global Street Art may place a lower bound on the
accepted image resolution.
Please submit photos that are more than 1 MB in size; typically photos taken with smart phones are
not accepted for the time
being.
Please note that not all submissions can be accepted into the Global Street Art archive. All content
is reviewed before it is
accepted. Photographs are typically rejected if the photo quality is low (low resolution, poor
lighting, photo taken at an extreme
angle) or if the art work isn’t deemed strong enough. We cannot accept all submissions because a
significant amount of effort is
required to classify content.
How Does it Work?
All photos accepted by Global Street Art (where you have opted to allow licensing) can be
immediately licensed for books and
editorial functions (newspapers, magazines, etc.). If you submit photos to Global Street Art, you’re
agreeing that images may be
immediately licensed for all editorial purposes (books, magazines, newspapers, websites).
We made the decision to operate this way because there are already companies out there that are
licensing street art photographs
for books and editorial without artist consent.
Content will not be licensed to third parties for any uses than publications and editorial uses
without the prior consent of the
photographer and the street artist.
Once an Artist has registered with the Global Street Art website, they can claim that their artwork
is the subject matter of a
photograph. Artists can choose to license their images for uses beyond publications and editorial.
Global Street Art may license Content directly or through selected partner agencies.
Gross billings (see Section 7 (b) ) from the sale of Content licensed automatically through the
Global Street Art website are split
as follows (see below for more details):
-
50% Global Street Art
-
50% to Artist who is also Photographer
-
25% to the Photographer who is not the Artist, with 25% to the Artist in that case (i.e. unlike
all other licensing agencies,
if you are the original street artist you can still earn money from another photographer's
photos).
Where Global Street Art licenses Content for uses that require Artist consent, the split of Gross
Billings may differ from the split
presented above. Any changes to the split will be agreed upon by Global Street Art, the
Contributor(s) and the Artist(s) in writing
prior to the release of licensed Content to a Licensor.
In cases where the Contributor and Artist are the same person (i.e. the artist has taken a photo of
their own art work), they are
entitled to 50% of gross billings from image license sales.
In cases where the location is the subject of the photograph, and not any specific piece of artwork,
the Contributor is entitled to
the Photographer’s and Artist’s share. A so-called ‘location’ type photograph is judged to be such
at the sole discretion of Global
Street Art. At the time of writing ‘location’ photographs represented roughly 1% of total
photographs in the Global Street Art archive.
If you do not click the licensing options we will not licence your photographs. In practice, for
the foreseeable future, we will
contact each and every artist regarding image licencing before any action happens. We will
present you with the opportunity,
information about the client and the financial information (i.e. how much it pays). Only if you
explicitly say 'yes' will we
licence your photos and you'll be paid accordingly. If you are a photographer but not the artist
we will not licence your images
unless we have written permission from you the photographer and from the original street artist
too.
Global Street Art Contributor Terms and Conditions
By ticking ‘yes’ to accept images licensing on the sign up or profile admin pages you are confirming
that you have read, understand
and accept the terms of this agreement. The date on which you accept this agreement shall become the
‘’Effective Date’’.
This agreement is between GSA, and you, The Contributor.
The Archive: Antaeus Graffiti Limited trading as Global Street Art (“GSA”). Address: Aldwych House,
81 Aldwych, WC2B 4RP.
Territory: United Kingdom/Europe/USA/World
GSA Rights-Managed Agent Contributor Agreement
Who Are We?
Global Street Art (
www.globalstreetart.com
) is a website
and street art and graffiti photograph archive. We also take photographs and classify these photos
in a number of ways. Global Street
Art also classifies photos taken by other Contributors (see below for the definition of
‘Contributor’).
In these terms and conditions ‘Global Street Art’ may also be referred to as ‘us,’ ‘we,’
‘globalstreetart.com,’ or ‘GSA.’ Global Street
Art is a trading name used by the UK registered company Antaeus Graffiti Ltd. On a day-to-day level,
Global Street Art has two people
working full-time: Lee and Dan. Check the about page to find out more about us.
Who Are You?
Contributor: The Contributor has contributed original content to Global Street Art in the form of
film, prints, digital files or any
other media (“Content”). Typically, the Contributor is the person who took the photographs
(Photographer). In these terms and
conditions, the words ‘Contributor’ and ‘Photographer’ are both taken to mean ‘Contributor’ as
defined above. The Contributor and GSA
have determined that it is in their mutual interest to enter into this Agreement, whereby GSA shall
represent the Contributor through
any of its existing or future collections in attempting to license the Contributor’s content to
Clients, upon such reasonable terms
and conditions that GSA can arrange.
Artist (or ‘Street Artist’ or ‘Graffiti Writer’): a person whose artwork features in photographs
submitted to the Global Street Art
website or archive by Contributors.
1. GRANT OF AUTHORITY
(a) Appointment: The Contributor hereby appoints GSA, and GSA hereby accepts such appointment, as
the Contributor’s agent with
respect to licensing any content submitted to and accepted by GSA during the Term of this Agreement.
Contributor hereby grants
GSA the authority to act as representative for the content throughout the World to (i) distribute,
transmit, broadcast, display and
sublicense the Content, alone or in combination with any other material in any media now know or
which may become known in the future
and (ii) sublicense any right granted to GSA herein to any Affiliate or third party. “Affiliate”
is defined as any person or
legal entity that is directly or indirectly controlled by, controlling, or under common control of
GSA. No other individual, company
or entity may license the content except that the Contributor may license content directly to end
user customers from their own
offices in the following territories: worldwide. During term of this agreement Contributor
hereby grants GSA a right of first
refusal upon any and all content from the Contributor. Contributor acknowledges that it will report
to GSA in a timely manner, through
a system to be defined by GSA, any and all licenses for the content issued by Contributor to end
user customers.
During the term of this agreement GSA shall feature the Contributor’s Content on different websites
and on its
www.globalstreetart.com
website.
(b) Ownership of content: All Content submitted to GSA pursuant to the terms of this
Content shall remain the property of the Contributor. GSA will hold the Content as the
Contributor’s agent for the licensing
purposes described herein. To the extent that GSA modifies the Content (by the addition of
metadata or otherwise) such
modified content (the “Modified Content”) shall be the exclusive property of GSA. GSA may
Watermark the Content as it sees
fit.
(c) GSA’s Discretion as to Price: GSA shall have complete and sole discretion regarding the terms,
conditions and pricing of content
licensed to its Clients.
(d) Discretion as to Lawsuits: GSA shall determine if, and when, any legal action shall be pursued
in regard to the content,
whether for copyright infringement, loss, damage or any other reason, and shall have complete
discretion regarding its choice of
attorney. Settlements shall not be subject to the Contributor’s prior approval. GSA shall have no
obligation to commence any legal
action for any alleged infringement; loss or damage of the Content and the Contributor agrees that
GSA shall have no liability for
its failure to commence any action or proceeding.
(e) Use in Advertising: GSA may use different promotional methods to license the content, including
but not limited to, using the
content in catalogs, on line and in advertising. GSA may therefore use the content, Contributor’s
name and trademarks in its own
catalogs and advertising, as deemed appropriate by GSA, without any financial obligation to the
Contributor.
(f) No Use as Royalty Free: Contributor warrants that any content submitted to GSA have never been
sold on a “Royalty Free” basis or
as “Clip Art”. Further, the Contributor agrees that none of their content accepted by GSA for the
inclusion in any GSA’s library may
be sold by the Contributor or any third party on a “Royalty Free” basis or as “Clip Art” for the
Term of this Agreement.
2. TERM AND TERMINATION
(a) Term: This agreement shall commence on the Effective Date. This agreement shall continue,
unless terminated earlier
in accordance with clause 2(b), until GSA gives to the Contributor 3 months’ written notice to
terminate.
(b) Termination: GSA may terminate this Agreement in the event of a breach by the Contributor
(or such party’s authorized agent)
of a material term or condition of this Agreement and provided that the party in breach does not
cure such breach within thirty (30)
days after notice of breach is received. A notice of termination delivered pursuant to this
clause shall identify with
particularity the alleged breach(es) upon which the decision to terminate is grounded. Notwithstanding
the foregoing,
GSA may immediately remove any content(s) if Contributor is in breach of any representation or
warranty relating to such content(s).
3. THE CONTRIBUTOR’S OBLIGATIONS
(a) Release Information: The Contributor shall indicate whether a model or property release is
required for each photograph.
Where required the Contributor will submit all model and property releases associated with their
content to Global Street Art by
email.
(b) Indemnification by Contributors: The Contributor agrees to indemnify GSA from any and all
damages incurred by it, any of
its clients, Affiliates, or third parties for any breach of any of the warranties in Section 4 of
this agreement. The
Contributor further agrees to pay any defense costs incurred by GSA arising from inaccurate release
information accompanying
any content or from a breach of any of the warranties of Section 4 of this agreement. Contributor
shall not have any liability,
however, for GSA’s omission, deletion or misrepresentation of Contributor’s content information
provided in accordance with the
Agreement. Contributor acknowledges that it is very time consuming and expensive for GSA to remove
content once they have been
accepted, published and distributed by GSA. For this reason all content submitted to Global
Street Art is final. Once photos
have been submitted to the Global Street Art archive, Global Street Art has no obligation to remove
Content from archive.
(c) Indemnification by Artists: The Artist agrees to indemnify GSA from any and all damages
incurred by it, any of its clients,
Affiliates, or third parties for any breach of any of the warranties in Section 5 of this agreement.
The Artist further agrees
to pay any costs incurred by GSA arising from inaccurate release information accompanying any
content or from a breach of any of the
warranties of Section 5 of this agreement. Artist shall not have any liability, however, for GSA’s
omission, deletion or
misrepresentation of Contributor’s content information provided in accordance with the Agreement.
4. WARRANTIES OF THE CONTRIBUTOR
(a) That Contributor is or represents the sole and exclusive owner of, and has or has obtained the
sole and exclusive right to
license all content it submits to GSA and has obtained all permissions necessary for GSA to lawfully
license them unless the content
provided is warranted by the Contributor to be “PUBLIC DOMAIN” and are clearly labeled as such.
(b) That no content submitted infringes on any copyright or trademark or violates any right of
privacy or publicity, and does not
knowingly defame any third party.
(c) That Contributor has obtained all permissions, including but not limited to property releases
and model releases, necessary for
GSA to lawfully distribute, publish, market, license, and sublicense the content, and shall make
copies of them available to GSA at
the time of delivery of the Content.
(d) That all content submitted to GSA are original transparencies or reproduction quality
duplicates, prints, or high quality
digital files.
(e) That it has the right to enter into this Agreement and perform its obligations hereunder.
(f) That it will cooperate with GSA in all reasonable ways required, in order to further the
purposes of this Agreement.
(g) That all content has been submitted in the highest possible quality. For digital photographs
this means that the Contributor
has submitted photographs at the highest available resolution. The Contributor also warrants that
all content has been submitted
without watermarks.
5. WARRANTIES OF THE ARTIST
A person who submits photographs may also declare that they are the Artist, as defined in the ‘Who
Are You’ Section above.
An Artist who is registered with the Global Street Art website may also claim to be the Artist whose
work has been documented
in photographs submitted by other Contributors (i.e. a photographer who has documented the work of a
street artist who is another
person). Once an Artist has claimed that they are the person whose work has been documented by
another Contributor, the claim will
be reviewed by Global Street Art.
(a) The Artist is wholly responsible for the production of the art work for which the Artist has
stated they are the Artist.
If the Artist claims to have produced artwork that they did not produce they understand they are
liable according to Section 3
(c).
(b) The Artist produced the art work for which the Artist has stated they are the Artist in
accordance with all local laws.
The Artist understands that they are solely and fully responsible for any legal consequences arising
from claiming works as
their own.
6. OBLIGATIONS OF GSA
(a) GSA shall provide an appropriate environment for the storage, care and retrieval of the
Contributor’s content.
(b) GSA shall make efforts to license the Contributor’s content and to receive reasonable fees for
such licensing.
(c) GSA shall process all content submitted by the Contributor and will index, label and file all
accepted content. GSA may not be
able to classify all Content under all available criteria in the Global Street Art archive,
depending on available staffing resources
and the volumes of photographs that have been submitted to the Global Street Art archive.
(d) GSA shall require, in its agreements with clients, that the content is used by clients only in a
way that preserves
Contributor’s copyrights in the content.
(e) GSA shall make efforts to protect and preserve the content and will exercise reasonable care in
the handling of the content.
(f) GSA shall attempt to obtain credits in the name of the Contributor and the applicable GSA brand
when and where applicable.
(g) GSA agrees not to sell any of the Contributor’s content on a “Royalty Free” basis or as “Clip
Art” without the express, prior,
and written consent of the Contributor.
(f) GSA and members of the GSA community (defined as Contributors) may ‘tag’ Content as being the
work of an Artist. Until an
Artist registers at
www.globalstreetart.com
all such Content will be described as “unverified”. Artists must confirm ownership of any
Content before they can benefit from
licensing said Content.
7. COMPENSATION
GSA shall remit Contributors for image rights and print/reproduction sales only.
From time to time GSA may agree with the Contributor to represent them or their work to clients in
other ways. Compensation in these
instances will be agreed by both GSA and the Contributor in writing in advance.
(a) Percent of the Gross Billing: As consideration for GSA’s services, GSA shall retain fifty
percent (50%) of all Gross Billings
(“Royalties”) received by GSA from the licensing of Content. Contributors are entitled to 25% of all
Gross Billings received by GSA
from the licensing of Content. Artists are entitled to 25% of all Gross Billings received by GSA
from the licensing of Content.
(b) Gross Billings Defined: “Gross Billings” shall mean the revenue actually received by GSA for
licensing the Contributor’s Content,
but shall not include service fees, such as scanning, interpolation or special delivery fees nor
direct costs of producing the sale.
Gross Billings shall not include any sales tax, value-added tax, delivery charges, collection agency
fees and similar items.
(c) For any given image, where the Artist and Contributor are the same entity they will receive 50%
of “Gross Billings”.
Where an Artist uploads their own photographs of their own artwork they are entitled to a 50%
share of Gross Billings.
(d) For any given image, where GSA and the Contributor are the same entity they will receive 75% of
“Gross Billings” (the 50% GSA
share and the 25% Contributor share).
(e) For any given image, where a photograph captures the work of multiple Artists, the Artists’
share of Gross Billings will be
shared evenly between the multiple Artists.
(f) For any given image, where a photograph is deemed at the sole discretion of Global Street Art to
document street art locations
and not to document the artwork of any specific Artist, the location will be classified as a
‘location’ photograph. For ‘location’
photographs, the Contributor receives 50% of Gross Billings.
(g) Contributors and Artists can earn money only where Royalties can be attributed to specific
Content.
(h) GSA will choose the method of disbursing Royalties. Contributors and Artists are wholly and
solely responsible for ensuring
that they can receive funds through the chosen method of payment. [Current method of disbursing
Royalties is via PayPal.
(i) Statements: Each quarter (30 days after quarter date) GSA shall remit the Contributor’s and
Artist’s share of funds received by
GSA, along with a list of Content licensed. Remittances shall be made when the balance of the amount
owed to the Contributor reaches
£30 or more. For remittances below £30, funds may be spent within the Global Street Art website as
credits. All funds will be
disbursed in Pounds Sterling. Global Street Art is not responsible for any fees associated with the
disbursement of Royalties,
including transaction fees, bank fees, taxes and other unspecified fees.
(j) Deductions for Cancellation: In the event that GSA is required to refund any part of a payment
received or accrued from a
Client, GSA is specifically authorized to deduct this overpayment from any subsequent amount due the
Contributor.
(k) Compensation With Regard to Settlements and Lawsuits: All monies received as a result of a
settlement or lawsuit in regard to
lost or damaged Content, copyright infringement, or any other matter relating to the Content, shall
be split between the Contributor
and GSA in the same manner as the Royalties as set forth in Section 7(a), after payment of all costs
including, but not limited to,
attorneys’ fees relating to such action.
(l) Compensation Subsequent to Termination: The Contributor acknowledges that the Content will be
out of GSA’s possession for some
time subsequent to the termination of this Agreement. Moreover, it is possible that a Client will
reuse, or be billed for a reuse
of the Contributor’s Content subsequent to the termination of this Agreement. Accordingly, it
is specifically agreed that GSA
is authorized to collect and retain its normal commission for any sale, lease or re-lease or any
right to an original or duplicate
Image which may take place after this Agreement terminates for any reason.
(m) Right To Payment Upon Breach of Warranty: GSA shall have the right to use any percentage of the
Contributor’s gross billing to
defend or settle claims brought for any alleged violations of any of the warranties referenced in
paragraphs 3 and 4 of this
agreement.
8. CHARGES FOR CATALOG IMAGE PLACEMENT
There will be no charges for catalog content placement or any other promotional materials. GSA will
determine, in its sole judgment,
the manner, method and frequency, if any, of promotion, marketing and advertising for the Content.
10. INSOLVENCY OR DISSOLUTION OF THE CONTRIBUTOR:
In the event the Contributor becomes insolvent, bankrupt, ceases operations or is acquired during
the term of this Agreement, GSA
will send payments due to the Contributor’s representative upon legal notification of such
appointment.
11. INABILITY TO LOCATE CONTRIBUTOR
(a) Alternate Notice: GSA shall use reasonable efforts to locate the Contributor in the event
statements are returned unclaimed.
To assist GSA in this endeavor, the Contributor may provide GSA with an alternate email address. The
alternative email address must
be emailed to Global Street Art at the dudes@globalstreetart.com email address. The Contributor
shall also be obligated to provide
GSA with information regarding any change in his or her address.
(b) Retention of Billings: In the event that the Contributor or the Artist cannot be located for one
(1) year, GSA shall have the
right to retain any unclaimed payments..
12. INDEPENDENT CONTRACTOR: The parties hereto acknowledge that this Agreement does not constitute
an employment agreement and GSA
is acting in the capacity of an independently retained agent on the Contributor’s behalf. GSA will
not bind the Contributor contrary
to the terms hereto.
13. MISCELLANEOUS PROVISIONS
(a) Limitations on Assignment: This Agreement and licenses granted hereunder shall not be assigned,
encumbered by security interest
or otherwise transferred by either party, however, this Agreement may be assumed by any entity which
succeeds GSA or which is an
Affiliate.
(b) Force Majeure Event: Unless continuing for
a period of ninety (90)
consecutive days, or unless involving the payment of amounts due under this Agreement, no default,
delay or failure to perform on
the part of either party shall be considered a breach of the Agreement if such default, delay or
failure to perform is shown to be
due entirely to an event of force majeure, or to causes beyond the reasonable control of the
defaulting party including without
limitation, strikes, riots, civil disturbances, actions or inactions concerning governmental
authorities, epidemics, war, embargoes,
severe weather, fire, earthquakes, acts of God or default of a common carrier, always provided that
the party so relieved of its
obligations shall take reasonable steps to prevent, correct or amend such act or event which renders
such obligations impossible.
(c) Counterparts/Facsimile Copies. This Agreement may be executed in one or more counterparts,
each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument. Each
party agrees that a fully executed
copy of this Agreement shall be binding upon each party when received via electronic facsimile
transmission.
(d) Severability. If any provision or part-provision contained in this Agreement is found by a
court of competent jurisdiction
to be invalid, illegal or unenforceable in any respect, it shall be deemed modified to the minimum
extent necessary to make it valid,
legal and enforceable. If such modification is not possible, the relevant provision or
part-provision shall be deemed
deleted. Any modification to or deletion of a provision or part-provision under this clause
shall not affect the validity and
enforceability of the rest of this agreement.
(e) Waiver. No term or provision of this Agreement shall be deemed waived and no breach
consented to unless and until such
waiver or consent shall be in writing signed by the party granting such waiver or consent. No
express or implied waiver by GSA
of any breach or default by Contributor shall in any way be, or be construed to be, a waiver of any
future or subsequent breach or
default by Contributor, whether similar in kind or otherwise.
(f) Binding Nature: Except as may otherwise be provided herein, this Agreement shall be binding upon
and shall inure to the benefit
of the respective heirs, executors, administrators, successors and assigns of the parties hereto.
(g) Entire Agreement: This Agreement incorporates the entire understanding of the parties concerning
the subject matter contained
herein and all prior understanding, representations, discussions, or customs, whether written or
oral, are specifically merged herein.
This Agreement may not be modified, amended, or otherwise changed in any respect except by a
separate writing signed by both parties.
(h) Governing Law: This Agreement, and all matters collateral thereto, shall be construed according
to the laws of England and Wales.
(i) Non-solicitation: The Contributor or Artist may not directly or indirectly solicit any
Contributor or Artist of Global Street
Art, without Global Street Art’s prior written consent. Notwithstanding the foregoing, nothing shall
prevent either party from
representation of or accepting services from a Contributor of the other if such Contributor responds
to a general advertisement
or approaches the other party without prior solicitation.
14. ENFORCEMENT OF RIGHTS
(a) Rights to Enforcement: Contributor and/or Artist agrees to cooperate with GSA in enforcing any
of the rights in the content
granted herein. If necessary or desirable, Contributor and/or Artist agrees to be joined as a
party in legal action against
a third party that GSA believes is infringing rights in the content that affect the value of the
license granted to GSA. Any
such legal action shall be GSA’s sole discretion and expense.
(b) Control of Litigation and Distribution of Awards: In any legal action brought by GSA, GSA shall
have the right to control the
litigation including settlement. Any damages or other awards recovered from a third party shall be
applied first to GSA’s legal and
other expenses in connection with the lawsuit and any remainder shall be split between GSA and
Contributor / Artist in the same
manner as Royalties as set forth earlier in these Terms and Conditions.
(c) CONFIDENTIAL AND PROPRIETARY INFORMATION: Each party agrees that information concerning the
other party's business,
including that of all corporate affiliates and the terms of this agreement, is "Confidential and
Proprietary Information" and each
party agrees that it will not permit the duplication or disclosure of any such "Confidential and
Proprietary Information" to any
person other than an employee of the other party who must have such information for the performance
of its obligations hereunder,
unless such duplication, use or disclosure is specifically authorized by the other party in writing.
The term "Confidential
and Proprietary Information" shall not include any information that is publicly available through no
fault of a party.
15. GOOD FAITH: Both parties are entering into this Agreement in good faith and will continue to
work in union to further the best
interests of the other party and promote the intent of this Agreement.
©2012 Antaeus Graffiti Ltd. All rights reserved.