Terms and Conditions

Gamers Guild AZ Artist Terms & Conditions

Thank you for your interest in submitting art for new members of the Guildkin species!  The following Artist Terms & Conditions (the “Artist Terms”) govern the submission of your artwork, images, graphics, digital assets, digital media, or content (the “Artwork”) to Gamers Guild AZ through gamersguildaz.com (the “Website”) or any other portal used by Gamers Guild AZ as well as the rights that you (the “Artist”) have as part of this agreement.

 

Please read these Terms carefully before submitting your artwork. By clicking “submit” or submitting your artwork to Gamers Guild AZ, you agree to be bound by these Terms. 

If you do not agree to all of these Terms, then you must not submit your artwork.

 

ARTWORK LICENSE

By submitting your Artwork to Gamers Guild AZ, the Artist agrees to grant to Gamers Guild AZ, along with its affiliates and partners, a non-exclusive, non-transferable, worldwide license to use, promote, display, reproduce, and distribute your Artwork for commercial and non-commercial purposes, including, without limiting the foregoing, to reproducing the Artwork on the Website, manufacturing and selling paper and digital prints and other products incorporating your Artwork (including derivative products) through the Website, and use in all Gamers Guild AZ promotional materials.

Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these Terms, Gamers Guild AZ shall not, and shall not permit others to modify, correct, adapt, or prepare derivative works or improvements of the Artwork without proper attribution and in accordance with this agreement.

 

YOUR RIGHTS

Artwork submitted by the Artist and the rights relating to them, including copyright and ownership rights in the Artwork, remain the sole and exclusive property of the Artist.  No other use of the Artwork is granted without the express written consent of the Artist.

Gamers Guild AZ will use their best efforts to insure that all uses and reproductions of copyrighted material conform to these terms and conditions.  Gamers Guild AZ will use their best efforts to insure that all Artwork contains some form of copyright management information (CMI) in some form, such as a copyright notice “©”, attribution with the author’s name, or some other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Artist. Gamers Guild AZ will not remove and/or alter such information in accordance with the Digital Millennium Copyright Act (DMCA).

 

USE OF THE ARTWORK

Upon receiving submissions Gamers Guild AZ agrees to review the submission by a panel of Owners and Management and may then choose to do any of the following:

1. Post the Artwork to our Discord and Other Social Media Platforms to get community feedback.
2. Use the Artwork to have one or more Discord Emojis created to be used in our discord server. If Gamers Guild AZ chooses to use the Artwork in this way the Artist will receive a one-time payment of $25 in store credit as compensation. Further uses outlined below would be compensated separately as outlined.
3. Use the Artwork to create products (apparel, novelties, game accessories, etc.) to be sold in our store and on the website. If Gamers Guild AZ chooses to use the Artwork in this way, the Artist will be notified, and a contract will be provided outlining the terms of compensation. Gamers Guild AZ is using a profit sharing model, as such, the standard compensation agreement will be 50% of the proceeds from the sale of products using or derived from the Artwork will be paid back to the Artist and 25 % of the proceeds from the sale of products using or derived from the Artwork will be donated to a qualifying 501c3 charity of the Artist’s choice (or the Choice of Gamers Guild AZ in the case that the Artist does not have a preference).

AT NO TIME IS THE ARTIST PERMITTED TO PRODUCE AND SELL ARTWORK CONTAINING THE GAMERS GUILD AZ LOGO THROUGH THEIR OWN MEANS OR CHANNELS.

 

PAYMENT STRUCTURE

Gamers Guild AZ shall have complete and sole discretion in setting the prices for products it sells.

 

All proceeds payable under these Terms shall be paid within 90 days after the end of each quarter by check, money order, electronic transfer, or other method mutually agreed upon by the Artist and Gamers Guild AZ.

 

TERMINATION & WITHDRAWAL

The Artist may wish to terminate their relationship with Gamers Guild AZ and withdraw their Artwork. In this case the use of the Artwork will determine the course of action. If the Artist wishes to terminate their relationship with Gamers Guild AZ they must email generalmanager@gamersguildaz.com and they will receive a response within 5 business days. In the case of termination and the Artwork was posted online or used to create an emoji (and the Artist was properly compensated) Gamers Guild AZ retains the right to continue using the Emoji and any past posts made on social media may continue to exist however, no further new implemented uses of the artwork or social media posts containing the artwork may be used. In the case of termination and the Artwork was used to create and produce products for sale, any remaining products will continue to be sold based on the agreed to terms until the product has sold out or Gamers Guild AZ chooses to discontinue it and compensate the Artist for a percentage of the lost sales equaling no less than 25% of the proceeds lost based on the final sale price at the time of discontinuing. Gamers Guild AZ will not do any further print runs or new products using the Artwork after the relationship has been terminated. The artist may choose to disallow the sale of the remaining product that was created, however, in this case they must pay a fee to Gamers Guild AZ equaling the production cost of the remining merchandise plus a 15% fee.

 

Gamers Guild AZ may wish to terminate their relationship with the Artist and discontinue use of the Artwork. In this case the use of the Artwork will determine the course of action. In the case of termination and the Artwork was posted online or used to create an emoji (and the Artist was properly compensated) the online posts and/or emojis may be removed from our social media, at any time, without notice, at the sole discretion of Gamers Guild AZ. In the case of termination and the Artwork was used to create and produce products for sale, any remaining products will continue to be sold based on the agreed to terms until the product has sold out or Gamers Guild AZ chooses to discontinue it and compensate the Artist for a percentage of the lost sales equaling no less than 25% of the proceeds lost based on the final sale price at the time of discontinuing.

 

MODIFICATION OF THE STORE(S) AND WEBSITE

Gamers Guild AZ is constantly looking for ways to improve their services and their stores and Website.  Therefore, Gamers Guild AZ reserves the right to modify, amend, alter, or otherwise make changes to the Website or Store(s) from time to time and without notice to the Artist. It is never the intention to disrupt the sale of the Artwork, but Gamers Guild AZ is not responsible if any changes to the Store(s) or Website affect the sale of the Artwork.

 

REPRESENTATIONS AND WARRANTIES

You, the Artist, hereby represent that:

1. You are the owner of the Artwork and any other material submitted to Creative Action Network, and that you have all the necessary rights, consents, and authorizations required to license the Artwork according to these Terms.
2. The content of your Artwork is not abusive, obscene, pornographic, threatening, harassing, defamatory, unlawful, hateful, or otherwise objectionable.
3. The content of the Artwork does not violate the privacy or publicity rights of any third party.
4. The content of the Artwork does not violate the intellectual property rights of any third party, including copyrights, trademarks, patents, and trade secrets.
5. That you are over the age of 13, or have the approval of a parent or legal guardian to submit the Artwork according to these Terms.

 

INDEMNIFICATION

You, the Artist, hereby agree to indemnify, defend and hold harmless Gamers Guild AZ and its affiliates and partners, and each of its and their respective officers, directors, employees, agents, successors and assigns from and against any and all losses incurred in connection with any claims by a third party arising out of or relating to your breach of these Terms.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL SERVICES PROVIDED BY GAMERS GUILD AZ ARE “AS IS” AND NO WARRANTIES ARE PROVIDED. 

IN ADDITION TO THE DISCLAIMER IN THE WEBSITE TERMS OF SERVICE, GAMERS GUILD AZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SALE OR DISTRIBUTION OF YOUR ARTWORK, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT GAMERS GUILD AZ SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SALE AND PERFORMANCE OF YOUR ARTWORK THROUGH THE WEBSITE OR STORE(S).

GAMERS GUILD AZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

MODIFICATION OF THESE TERMS

Gamers Guild AZ reserves the right to amend or modify these Terms at any time or from time to time.  When these Terms are changed, you shall be given notice of the changes and directed to the page on our Website where the new Terms can be viewed.  Your acceptance of any applicable proceeds after the publication of the new Terms shall constitute your acceptance of the new Terms.  If you do not wish to accept the new Terms, your sole remedy shall be to terminate your relationship with Gamers Guild AZ based on the terms listed above.

 

GENERAL TERMS

Governing Law. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Notices. All notices, and other communications hereunder shall be in writing and addressed to the parties at the most recent email provided by you.  A Notice is effective only upon receipt by the receiving party.

Headings. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement. These Terms constitute the sole and entire agreement of the parties to these Terms with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall be construed as a waiver of any failure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof.

Assignment. Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating party of any of its obligations hereunder.

Successors and Assigns. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

No Third-party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.