Submission Terms & Conditions

These Submission Terms & Conditions (the “Terms”) apply to the receipt of gifted artwork or series of artwork (the “Artwork”) by you, the legal owner or author (the “Artist”) to the Ukraine Art Collective (“the Collective”).

Please read these Terms carefully before submitting your Artwork to the Collective. By clicking “submit” or submitting your Artwork to the Collective, 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.

Gift

By submitting the Artwork to the Collective, you are irrevocably assigning for free the Artwork to the Collective and gifting all intellectual property rights in such Artwork, including all title, ownership and interest in the copyrights to the Artwork, and to the extent any of the rights, title or interest cannot be assigned by you to the Collective, you grant the Collective an exclusive, royalty-free, irrevocable, perpetual license to use, promote, display, reproduce, create derivative works, transfer, sub-license, and distribute the Artwork for commercial and non-commercial purposes, including in all media now known or hereinafter devised, and in all territories worldwide. To the extent you may do so, you hereby waive and agree to never assert any right commonly referred to as a “moral right” existing under any law of the world or treaty.

As the Collective is not a non-profit organization, all submissions of the Artwork to the Collective are unpaid gifts and are not eligible for tax deduction.

You also give the Collective permission to use Artist name, photograph or other image, biographical information, and live and taped interviews, appearances, or performances given or made in connection with the Artwork, including in the promotion of the Collective.

Representations & Warranties

You hereby represent and warrant that:
You are the author or otherwise exclusive owner of all rights, title and interest in and to the Artwork and such Artwork is not subject to any assignment, license, lien, or other hindrance.
The content of the Artwork does not violate the privacy or publicity rights of any third party.

Curation

The Collective reserves the right to return any Artwork for any reason, at any time. You will be responsible for collecting the Artwork, including any tangible and digital copies, within five days’ of notice from the Collective that such items are being returned, after which the Collective may dispose of the Artwork at its discretion.

Release

You hereby and forever hold harmless and release the Collective from any and all known and unknown claims and demands arising out of or in connection with Artwork’s submission to the Collective. You expressly waive the benefit of any statute or rule of law that, if applied to these Terms would otherwise exclude from its binding effect any claims not known by it to exist which arose prior to the acceptance of this Agreement, including California Civil Code section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. You hereby each expressly waive any rights and benefits that you may have under section 1542 of the Civil Code to the full extent that you may lawfully waive such rights and benefits, and shall waive any rights and benefits you may have under any other statutes or common law principles of similar effect.

Limitation of Liability

To the extent not prohibited by law, under no circumstances shall the Collective, its affiliates, or its officers, managers, employees, contractors (collectively, the “Collective Group”) be liable to you for any indirect, incidental, consequential, or special damages, arising under these Terms or related to the Artwork. To the extent not prohibited by law, the aggregate liability of the Collective Group to you under these Terms will not exceed five hundred U.S. dollars ($500 USD). These limitations will apply even if the stated remedy fails of its essential purpose.

Governing Law

These Terms will be governed by and construed in accordance with the law of the state of Florida, without regard to its choice of law provisions. You and the Collective hereby expressly consent to the personal jurisdiction of the courts located in Palm Beach County, Florida for any litigation arising from or relating to this Agreement.

General Terms

These Terms are the complete agreement between you and the Collective relating to the Artwork and subject matter herein and supersedes all other discussions and may not be modified orally but only in writing explicitly confirmed by you and the Collective. If any provision of these Terms are determined to be invalid or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intention of you and the Collective. If such provision cannot be so enforced, such provision will be deleted from these Terms and the remainder enforced as if such invalid, illegal or unenforceable provision had never been contained in these Terms.

By clicking “Submit” you affirm to be the Artist and eighteen (18) years of age or older, or if not, that you are the parent or legal guardian of the Artist and accepting these Terms on his/her behalf and that such minor individual will be bound by all releases, consents and covenants contained in these Terms.

If you have questions regarding these Terms, please contact: [email protected].