Greetings Artist/Creator,
Please read carefully.
AR-Tist Alley Artist License and Submission Agreement
This Artist License and Submission Agreement (the “Agreement”) is made and entered into by and between AR-Tist Alley, a registered limited liability company wholly owned and operated by Maxwell James Scheller (collectively, the “Company” or “Owner”), and the individual or entity submitting materials hereunder (the “Artist”).
Recitals
The Company owns and operates the AR-Tist Alley mobile application (the “App”), an augmented-reality platform available on iOS and Android devices that enables artists and creators to display their original works in a virtual environment modeled after a comic convention Artist Alley or zine fest. By submitting an application and the required fee, the Artist agrees to grant the Company a license to display the Artist’s works within the App, on associated websites, and on related social-media platforms, subject to the terms below. By completing the submission form, paying the annual fee, and clicking “Submit” (or equivalent electronic acceptance), the Artist acknowledges that they have read, understood, and voluntarily agree to be bound by this Agreement in its entirety. Submission does not guarantee acceptance or inclusion in the App.
Any fees waived is made at the Owner's discretion.
1. License Grant
The Artist hereby grants the Company a non-exclusive, royalty-free, worldwide, sublicensable (to service providers only), and perpetual license to reproduce, display, distribute, publicly perform, and transmit the submitted works—including but not limited to images, text, profiles, descriptions, and any related content (collectively, the “Works”)—within the App, on the Company’s websites, and on the Company’s official social-media channels solely for the purpose of operating and promoting AR-Tist Alley. The Artist retains all ownership and copyright in the Works. The Company shall not sell, license, or otherwise transfer the Works to third parties except as expressly permitted herein.
2. Eligibility, Representations, and Warranties
The Artist represents and warrants that:
a. The Artist has full legal right, title, and authority to grant the license described above and owns or controls all rights in the Works.
b. The Works are entirely original to the Artist or, if based on public-domain material, constitute the Artist’s own unique expression and do not infringe any third-party copyright, trademark, or other intellectual-property right.
c. The Artist will provide any required legal documentation (e.g., release or assignment) if the Works include material created while employed by a major studio (DC, Marvel, Disney, Paramount, etc.).
d. The Works contain no AI-generated or computer-generated content of any kind. All submissions must be hand-drawn or otherwise created directly by the Artist.
e. The Works are not plagiarized, obscene, offensive, or otherwise unsuitable for a family-friendly audience, and comply with Apple and Google App Store Review Guidelines.
f. The Artist will give appropriate credit to any public-domain source material used. (i.e. you can't claim credit for creating Sherlock Holmes and/or Snow White)
3. Submission Guidelines and Restrictions
Only original works over which the Artist exercises complete ownership may be submitted. Derivative or fan works based on currently copyrighted or trademarked properties are prohibited unless the Artist supplies satisfactory proof of legal authorization. The Company reserves the right, in its sole discretion, to reject or remove any Works that violate these guidelines.
4. Fees and Payment
The Artist shall pay a non-refundable annual participation fee of Twenty-Five U.S. Dollars (USD $25.00). The fee is due upon acceptance of the Artist’s submission and must be paid annually on the anniversary of acceptance. The Company may increase the fee upon thirty (30) days’ written notice. Payment must be made via PayPal or Venmo to the instructions provided in the acceptance email from info@ar-tistalley.com. Failure to pay will result in the Artist’s removal from the App (if already included) and/or denial of future participation. All payments are non-refundable.
Registration and Continuous Participation Fees are subject to increase depending on business circumstances. These circumstances can include app limitations and demand for participation.
5. Display, Updates, and Technical Limitations
The Company will use commercially reasonable efforts to display the Artist’s table and Works within the App. However, the Company reserves the absolute right to:
• Reject any submission for any reason.
• Remove or edit Works at any time for compliance, technical, or other reasons.
• Place Artists on a waitlist if App memory or performance limitations arise.
Augmented Reality features are not guaranteed to run all smart phone devices. Some smart phones being used today may not have the correct hardware (i.e. older model) or software (i.e. outdated software) to enable Augmented Reality features.
Updates to the App are subject to Apple and Google review processes, which may take several days. The Artist acknowledges that changes cannot be implemented instantly like a website update.
6. No In-App Sales or Monetization
The Artist may not sell physical or digital goods directly through the App. Links to the Artist’s external websites, stores, or purchase pages are permitted for marketing purposes only. In-app purchases and other monetization features are prohibited unless expressly approved in writing by the Company.
In-App purchases with the cooperation of participating Artists/Creators can be possible if an Artist/Creator has been proven to be trustworthy and can work closely with the Owner to define terms of compensation between all parties involved.
7. Confidentiality and Communications
Personal information and Works submitted prior to acceptance will be kept confidential and used solely for evaluation. Once accepted and published, the Works will be publicly viewable. The Company may contact the Artist at the provided email address. Please check your spam/junk folder for messages from info@ar-tistalley.com.
8. International Artists
Artists may submit Works in their native language(s) and must clearly indicate the language(s) used. The Company encourages English descriptions where possible to assist global users and may use translation tools as needed.
9. Owner’s Discretion and Final Authority
As the sole owner and developer of the App, the Company (through Maxwell James Scheller) retains full and final decision-making authority over all aspects of AR-Tist Alley, including content approval, removal, feature changes, and enforcement of these terms. Suggestions from Artists are welcome but are not guaranteed to be implemented.
10. Termination
The Company may terminate this Agreement and remove the Artist’s Works at any time, with or without cause, by providing notice via email. The Artist may request removal of their Works upon thirty (30) days’ written notice; however, the annual fee is non-refundable. Upon termination, the license granted herein survives only to the extent necessary to remove or archive the Works.
11. Limitation of Liability and Disclaimer
The App is provided “as is” without warranties of any kind. The Company shall not be liable for any indirect, incidental, or consequential damages arising from the Artist’s participation, technical limitations, or App performance. In no event shall the Company’s liability exceed the fees paid by the Artist in the preceding twelve (12) months.
12. Indemnification
The Artist agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to (i) any breach of the Artist’s representations or warranties, or (ii) any third-party claim that the Works infringe intellectual-property or other rights.
13. Governing Law and Miscellaneous
This Agreement shall be governed by the laws of the State of [insert Owner’s state of residence or formation, e.g., California], without regard to conflict-of-laws principles. Any dispute shall be resolved exclusively in the state or federal courts located in that jurisdiction. This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions. It may be modified only in a writing signed by the Company. Electronic signatures and submissions shall have the same legal effect as originals. If any provision is held invalid, the remainder shall continue in full force.
Acceptance
By submitting this form and paying the required fee, the Artist confirms that they have read and agree to all terms above. Artists will be given instructions via email on further payment instructions. If you have questions, please contact info@ar-tistalley.com.
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