Terms & Conditions

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.

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.

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.

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.

A user can delete their account at any time. Just send your request at dudes@globalstreetart.com with the title “Cancel my Account”. 

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.

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. 

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.

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:

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.



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. 

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): 

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. 

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

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. 

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.