Effective February 1, 2022 Through February 28, 2022
To be a Participant of the Black Heritage Art Show (virtual style):
1. You review and agree to these terms and conditions of Use.
2. You agree to promote your preparation, a YouTube welcome message, Facebook live pre-show promotions, and follow the promotional guidelines that VAM provided at least 14 days in advance of the annual virtual show held in February of said year.
3. You agree to set Your prices for the various products (e.g., canvas prints, greeting cards, iPhone cases, books, and other merchandise you elect to offer) and agree to pay BHASVS a commission of 30% for all items sold on the BHASVS website e-commerce platform. (vendors-performing artists -authors)
4. You Submit at least five high-resolution images (1920 x 1080), a high-resolution headshot (min. 300 dpi), and a three-sentence bio that will be highlighted on the home page of the Black Heritage Art Show and in the exhibit area within 15 days of the approved application.
5. You agree to fulfill and drop-ship customer orders within 48 hours of receipt and accept All responsibility for damaged orders and non-deliverable orders
6. You understand that payment will be made to your pay-pal account and or cash app within 48 hours of receipt of payment from VAM
7. You understand and grant VAM worldwide, non-exclusive right to use your likeness and or works in a videotaped -pre promotional campaigns including, print, podcast, tv, radio, Facebook, Instagram, and Twitter as well as on its home page http://blackheritageartshowvs.com
Cancelation of Participation
You may elect to cancel your participation at no charge within 60 days of a scheduled virtual art show. If you choose to cancel your participation less than the 60-day window of the said year's art show, you will be invoiced $100 to cover promotional advertising costs the company incurred to promote your appearance on its Website and other promotional materials. Upon notification of the desired cancellation, VAM will immediately remove your name, and all uploaded images from the Participant list its home page: http://blackheritageartshowvs.com and uploaded images from its e-commerce store.
VAM on behalf of the Black Heritage Art Show may cancel a participant agreement for any reason. Even after Your account is terminated, Your obligations under this Participant Agreement will remain in effect.
Performing Artist/Workshop Presenters Cancellation and NO SHOW's
Allocated time slots will be offered to participating performing artist and workshop presenters to showcase live during the Black Heritage Art Show. Artists shall be solely responsible for any costs incurred to perform during the allotted time via google hangout or YouTube Live. Performances may be submitted as pre-recorded; however, they must clearly state their performance is for the Black Heritage Virtual Art Show. All pre-recorded performances shall not be made available to the public via YouTube, Vimeo, or other streaming devices and must be marked private or unlisted until March 1 of said year. Links or embed codes should be forwarded to the Black Heritage Home office at least 30 days before said year's show. Artists shall hold VAM DBA Black Heritage Art Show harmless, should artists fail to prepare for his/her live appearance at the scheduled time. Should artists fail to appear, that shall be considered a NO Show, and the VAM DBA Black Heritage art show shall be entitled to bill performance artists a cancellation surcharge fee of $250.00. This payment shall be due within 48 hours of NO Show appearance. If a performing artists/Workshop presenters cancel appearance for any reason within 60 days of the said year show and before five days of the scheduled performance, the Participant agrees to offer VAM DBA a cancellation surcharge fee of $100.00 this fee shall be due and payable within 48 hours of receipt of cancellation.
Submission of Images
By submitting images to Visual Arts Marketing Corporation DBA Black Heritage Art Show, You grant to VAM a worldwide, non-exclusive right to sell, publicly display and market, sell any images submitted by You and accepted by VAM in exchange for specified compensation of 30% commission, until this Participant Agreement is terminated according to its terms. You further grant to VAM a worldwide, non-exclusive right to use the images You submit and Your name, username, and Images in connection with the Black Heritage Art Show marketing and promotional activities without the payment of any compensation.
VAM DBA Black Heritage Art Show has the right to refuse to accept or to remove Images from the Website for any reason. Images will be deleted if VAM believes that the Images will subject Visual Arts Marketing Corporation DBA Black Heritage Art show any of its officers, managers, directors, or employees to legal liability or if the Images violate these terms and conditions of Use.
Ownership of Images
The copyrights in and to all you remain with you as the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to VAM or its sublicenses.
For all of the products and image licenses available inside the Black Heritage Art Show e-commerce Store, You can set your prices and specify exactly how much you want to earn for each product sale.
When a sale is made, VAM should credit your account with the price you had set for the purchased product when the buyer added the product to his shopping cart in the Black Heritage Art Show store. Black Heritage Art Show shall forward to you 70% (minus Black Heritage commission) of the sale and the customers' detailed information, including drop ship location.
Each participant is responsible for fulfilling customer orders within 48 hours of receipt of electronic payment and invoice. An e-mail noting the confirmation of a drop shipment along with a tracking number should be forwarded immediately email@example.com. Artists understand the final shipment and delivery of order lies solely on the artists and any disputes or displeasures must be handled by the artist and client. Black Heritage Art Show, or its affiliates shall be held harmless in any and all disputes.
Suppose your participation is terminated for a breach of the Participant Agreement's participation terms, in addition to its other rights at law or equity. In that case, Visual Arts Marketing Corporation DBA Black Heritage Art Show and Productions, on behalf of the Black Heritage Art Show, shall have the right to retain all compensation otherwise payable to You hereunder as liquidated damages. Please note this includes failure to participate in the social media campaign (s)
If You were paid for a sale made through the Black Heritage Art Show and after that issue a refund or credit to the buyer for that sale, you, the, shall hold VAM DBA Black Heritage Art Show harmless and will waive your right to receive a refund or credit from Black Heritage Art Show or Visual Arts Marketing Corporation DBA Black Heritage Art Show and Productions operating on its behalf.
All payments for orders will be sent via PayPal or cash app. If you do not have a PayPal or cash app account, you cannot accept payments from VAM personally and should advise our office in writing asap, of the designated person you elect to receive said funds on your behalf.
Representations and Warranties
You represent and warrant that:
(A) You have the full right, power, and authority to enter into this Participant Agreement and to perform all of your obligations hereunder adequately;
(B) You are under no legal disability or contractual restriction that prevents You from entering into this Participant Agreement;
(C) The Images and all parts thereof are owned or controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
(D) If the Images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;
(E) If the Images contain third-party trademarks including design marks, the inclusion of the trademarks is according to license or written consent or qualifies as a lawful use under US intellectual property laws;
(F) The Images are neither obscene nor defamatory and do not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
(G) There is no suit action or claim or other legal or administrative proceedings now pending or threatened, which might directly or indirectly affect the Images or which might in any way impair the rights granted by You hereunder.
Content Posted to Website
You are solely responsible for the content that you submit to our office for uploading or posting to the Website or any material or information that you transmit to other participants. Your exhibition will remain up for one year, hence it will become your responsibility to submit updated artworks or advise us of works that have been sold through other channels.
By posting any Content to the public areas of the Art Show, You hereby grant to VAM corporation the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content on the Website for purposes of sale. You also grant VAM corporation the right to use and display your content in online advertisements, online videos, online newsletters, printed marketing materials, and TV commercials to promote the Black Heritage Art Show (virtual style) at any time and throughout the world.
You represent and warrant that: (i) You own the Content posted by you on the Website or otherwise have the right to transfer rights in the Content, and (ii) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing to any person because of any content you post on the Website.
You understand and agree that VAM corporation on behalf of DBA Black Heritage Art Show may review and delete any Content, message, image, or profile that in the sole judgment of VAM Corporation violates this Participant Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any Participant or any third-party.
Black Heritage Art Show reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the account of such violators. Prohibited Content includes Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of junk mail , chain letters, or unsolicited mass mailing or spamming ; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that is sexual in nature; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) is irrelevant to the print-on-demand business, image licensing business, or the stated purpose of this Website.
You agree to use the platform in a manner consistent with any applicable laws and regulations.
VAM corporation acting on behalf of the Black Heritage Art Show requires all users to comply with copyright and other intellectual property laws. You may not publish or make available any user material that constitutes an infringement of third party intellectual property rights, including rights granted by US copyright law. You represent and warrant that you have all rights necessary to publish and distribute any user material that you make available through Black Heritage Art Show.com
If you are found to have violated copyright law in any way, VAM reserves the right to terminate your access to the site. Repeat Infringers of copyright law will be banned from VAM as required by copyright law 17 USC. 512(i)(1)(A).
You agree to indemnify and hold Visual Arts Marketing Corporation DBA Black Heritage Art Show harmless from and against all claims, losses, damages, costs, and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the Participant Agreement. You will only be liable for any incidental, consequential, or special damages in third-party claims.
Limitation of Damages
IN NO EVENT SHALL Visual Arts Marketing Corporation DBA/ Black Heritage Art Show BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF VAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fine Visual Arts Marketing Corporation LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Visual Arts Marketing Corporation.
Proprietary Rights in Content on VAM
Visual Arts Marketing Corporation DBA Black Heritage Art Show owns and retains all proprietary rights in the original elements of the Website, including its selection and arrangement of Content. The Website contains copyrighted material, trademarks, and other proprietary information of Visual Arts Marketing Corporation and its licensors. Except for that information in the public domain or for which You have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
The relationship between Visual Arts Marketing Corporation and the Participant is that of independent contractors.
The Participant Agreement contains the entire understanding of the parties concerning the subject matter covered herein and supersedes any prior agreements concerning such subject matter.
The validity, interpretation, and enforcement of the Participant Agreement, matters arising out of or related to the Participant Agreement or its making, performance or breach, and related issues shall be governed by the internal laws of the State of Illinois (without reference to choice of law doctrine).
BY SUBMITTING ANY IMAGES TO BLACK HERITAGE ART SHOW YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF VAM PRIVACY STATEMENT (WHICH BY THIS REFERENCE IS DEEMED INCORPORATED HEREIN), WITH THE SAME FORCE AND EFFECT AS IF YOU SIGNED SUCH DOCUMENTS BY HAND.
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