Grant of License
You will retain ownership of your design (“Artist Submission”). However, by submitting your design, you give Toned Tops the right to use, reproduce, distribute, prepare derivative works of, display, and perform your design worldwide. Toned Tops may also promote and redistribute part or all of the design (including derivative works) in any media, now or in the future. The use of your design will be royalty-free, except for the compensation outlined in Paragraph Six of the agreement. Additionally, you waive any moral rights you may have in your design under any jurisdiction. Your design, as well as your username or actual name (depending on your preferences at the time of submission), may be displayed by Toned Tops. You acknowledge that the posting of your design is enough consideration for the license granted to Toned Tops.
Revocation of License
You have the right to revoke your license and request the removal of your design in writing at any time.
Representations and Warranties
By submitting your design, you affirm that you own or control the necessary rights to enter into this agreement. You also confirm that there are no legal impediments that would conflict with or limit the rights granted to Toned Tops. Your design must be your original work, in the public domain, or otherwise owned or controlled by you. Additionally, your design cannot violate any laws or infringe on the intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party.
Indemnification
You agree to indemnify Toned Tops and its officers and employees from any and all claims related to your design submission. This includes defending, indemnifying, and holding harmless Toned Tops, its parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising from: (i) your violation of any third-party right, including intellectual property or privacy rights; or (ii) any claim that your design caused damage to a third party.
Design Modification Process
Toned Tops reserves the right to modify your design’s features, such as colour or size, as necessary for production.
Commission
Your designs will be available for sale on the Toned Tops website. However, Toned Tops may remove your design without prior consent or notification if it infringes on a third party’s copyright. For each garment or item sold featuring your design, Toned Tops will pay you 10% of the total revenue from that sale (excluding shipping costs). Payment will be made at the end of every month.