Open an account
You must open an account to sell print on demand products or obtain a license for your images on the website.
After opening an account on Prodi Art, you can create a public profile page that includes your name, biography, contact information, images and other information and content that you choose to upload and/or publicly disclose. All this information is fully disclosed on the website. Any member of the public who visits the website will be able to see all the profile information you have entered.
Cancellation of account
You can close your account at any time by logging in and clicking on the "Close Account" icon. After clicking on this link, Prodi Art will immediately close your account and delete your profile page and images downloaded from the website.
Prodi Art may cancel a Seller account at any time for any reason. Even after termination of your account, your obligations under this collaboration agreement will remain in effect.
By submitting images to Prodi Art, you grant Prodi Art a worldwide, non-exclusive, non-exclusive right to sell, authorize, sub-license, reproduce, prepare derivative works incorporating, publicly exhibiting, marketing, sub-licensing and selling all images downloaded by you and accepted by Prodi Art in exchange for the compensation specified as agreed between you and Prodi Art, until such time as this sales contract is terminated pursuant to its terms. You further grant Prodi Art a worldwide, non-exclusive right to use the images you submit and your name, user name and images for Prodi Art's marketing and promotional activities without compensation.
Prodi Art has the right to refuse to accept or remove images from the website for any reason whatsoever. Images will be deleted if Prodi Art believes that the images will subject Prodi Art or any of its officers, directors, managers, directors or employees to legal liability or if the images violate these terms and conditions of use.
The copyright in and to all images you submit remains with you as the owner of such copyright. Nothing in this document should be construed as transferring any copyright to Prodi Art or its sublicenses.
For all products and image licenses available on Prodi Art, you have the ability to define your own prices and specify exactly how much you want to earn for each product sale.
When a sale is made, Prodi Art will credit your Prodi Art account with the price you set for the product purchased at the time the buyer added the product to their cart on Prodi Art
You can change the prices of any product or license at any time by logging into your account and making the change.
If your account is terminated for a breach of the material terms of the Seller's agreement, in addition to its other legal or equitable rights, Prodi Art shall be entitled to retain all royalties and/or other remuneration that would be payable to you hereunder as liquidated damages.
If you are credited with the remuneration in connection with a sale and Prodi Art then issues a refund to the buyer for that sale, Prodi Art will be entitled to deduct the payments credited to your account. If Prodi Art pays you compensation for any reason, Prodi Art will be entitled to deduct the amount of such overpayment from your account or to demand immediate repayment of such overpayment.
Prodi Art reserves the right to cancel any order placed on the site at any time for any reason whatsoever. When an order is cancelled, the buyer will receive a full refund, and the seller will not be entitled to any compensation for the sale.
Payments are sent to you on the 15th of each month for all your sales that were received by Prodi Art on or before the 15th of the previous month and have not been cancelled or returned within 30 days of the date of sale.
All payments are sent via Paypal. If you do not have a Paypal account, you cannot receive payments from Prodi Art.
There is no minimum balance required to receive a payment. If your payment due is greater than $0, the payment will be sent.
You grant Prodi Art the right to dispose of your returned products in any manner we deem appropriate.
Copyright infringement claims
Although Prodi Art takes commercially reasonable steps to ensure that the rights of its Sellers are not infringed, Prodi Art has no obligation to take legal action against any alleged infringer of any of your rights in and to any Images. You grant Prodi Art the right and authority to take such actions as Prodi Art deems commercially reasonable to protect Prodi Art's rights in the Images. Prodi Art recommends that you register all your images for copyright protection, as such registration is generally a prerequisite for starting an action for copyright infringement.
Representations and warranties
You represent and warrant that:
(A) You have the full right, power and authority to enter into this Seller Agreement and to fully perform all your obligations hereunder;
(B) You are not subject to any legal or contractual limitation that prevents you from entering into this sales contract;
(C) The Images and all parts thereof are owned and/or controlled by You, unencumbered and original works and are subject to copyright protection in all countries where copyright or similar protection is available;
(D) If the Images contain human similarities from which a person can be identified, You own or have acquired all rights to use such human similarities;
(E) If the images contain third-party trademarks, including design trademarks, the inclusion of trademarks is subject to a license or written consent or qualifies as lawful use under French intellectual property laws;
(F) The images are neither obscene nor defamatory and do not infringe the copyright or other rights of any third party, including, but not limited to, trademark rights and the rights of privacy and publicity;
(G) No lawsuit or claim or other legal or administrative proceedings currently pending or threatened that could directly or indirectly affect the Images or that could in any way infringe the rights granted by You below.
Content published on the website
You are solely responsible for the content you upload or post to the website or any material or information you transmit to other vendors.
By publishing any content in the public areas of the website, you grant Prodi Art a non-exclusive, fully-paid worldwide license to use, publicly publish and display such content on the website for sale and licensing purposes. You also grant Prodi Art the right to use and display your content in online advertisements, online videos, online newsletters, print marketing materials and television ads to promote Prodi Art.
You represent and warrant that: (i) you own the content posted by you on the Website or otherwise have the right to transfer rights to the content, and (ii) your content does not infringe the privacy rights, publicity rights, copyright, or other intellectual property rights of any person. You agree to pay all royalties and fees due to any person for any content you publish on the website.
You understand and agree that Prodi Art may review and delete any content, message, image or profile that, in Prodi Art's sole discretion, violates this sales agreement or that may be offensive, illegal, or violate the rights, injury, or threaten the safety of any seller or third party.
Prodi Art reserves the right to investigate and take appropriate legal action at its sole discretion against any person who violates this provision, including, without limitation, removing wrongful communication from the website and terminating the account of such offenders. Prohibited content includes Content that: (i) is manifestly offensive and promotes racism, fanaticism, 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 unsolicited spam; (iv) promotes information that you know is false or misleading or promotes illegal activities or abusive, threatening, obscene, defamatory or libelous behaviour; (v) promotes illegal or unauthorized copying of another person's protected work, such as providing pirated computer programs or links to them, providing information to bypass copy protection devices installed by the manufacturer or providing pirated music or links to pirated music files; (vi) contains restricted access pages or passwords or hidden pages or images (those not linked to or from another accessible page); (vii) provides material of a sexual nature; (viii) provides educational information about illegal activities such as making or purchasing 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 not relevant to on-demand printing, image licensing or the stated purpose of this website.
You agree to use the Website in a manner consistent with all applicable laws and regulations.
Prodi Art requires all users to comply with copyright and other intellectual property laws. You may not publish or make available User Content that violates the intellectual property rights of third parties, including the rights granted by French copyright law. You represent and warrant that you have all necessary rights to publish and distribute all user material that you make available through Prodi Art.
If you find that you have violated copyright law, Prodi Art reserves the right to terminate your access to the site. Copyright infringers will be prohibited on Prodi Art.
You agree to indemnify and hold Prodi Art harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claim of breach of your representations or warranties or any of your obligations under the sales contract. You will only be liable for any incidental, consequential or special damages in the event of claims by third parties.
IN NO EVENT shall Prodi Art be liable to YOU OR ANY THIRD PARTY for any INDIRECT, CONSECUTIVE, EXEMPLARY, ACCESSORY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES TO LOSSED PROFITS resulting from YOUR USE OF THE WEB SITE, EVEN IF Prodi Art HAS BEEN ADVISED OF THE POSSIBILITY OF TELE DAMAGES. NONOBSTANTING ANY CONTRAILING PROVISIONS CONTAINED IN THIS AGREEMENT, THE LIABILITY OF Prodi Art TO YOU FOR ANY CAUSE, WHATEVER AND WHATEVER THE FORM OF THE ACTION, WILL BE IN ANY TIME LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Prodi Art.
Term and fresh
Prodi Art reserves the right to charge members membership fees on the site.
A notice of fee change will be sent by email to all affected vendors at least 30 days prior to the change. Any seller who wishes to cancel his account can do so at any time by logging into his account and clicking on the "Close Account" icon. Upon cancellation, sellers will not be entitled to a refund of membership fees already charged (unless the cancellation occurs within 30 days of the seller's registration date).
Property rights to Prodi Art
Prodi Art owns and retains all proprietary rights to the original elements of the website, including the selection and arrangement of content. The website contains copyrighted material, trademarks and other proprietary information of Prodi Art and its licensors. Except for information that is in the public domain or for which You have received written permission, You may not copy, modify, publish, transmit, distribute, perform, display or sell such proprietary information.
The relationship between Prodi Art and the seller is that of independent contractors.
The Seller's Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersedes any prior agreement with respect thereto.
The validity, interpretation and execution of the sales agreement, matters arising out of or related to the seller's agreement or its manufacture, performance or breach, and related matters shall be governed by the domestic laws of the State of Illinois (without reference to the choice of law doctrine).
BY SUBMITTING ANY IMAGE TO Prodi Art YOU AGREE TO BE BOUND BY THIS TERMS AND CONDITIONS AND TERMS AND CONDITIONS OF THE DECLARATION OF CONFIDENTIALITY OF Prodi Art (WHO THIS CONSIDERATION IS HERE), WITH THE SAME STRENGTH AND EFFECT THAT IF YOU HAVE SIGNED THESE DOCUMENTS IN YOUR HAND.