1. Relationship with FanFlare.org
FanFlare.org is an independent marketplace for independent artists.
Because of this, you are not considered employees or contractors, and FanFlare.org is not your employer. We do not pay your income or take a commission from your sales. Therefore, you are solely responsible for following the tax laws required in your jurisdiction pertaining to any sales made through our marketplace. FanFlare.org provides a service to artists by making your art available on the marketplace and transfers profits from the sale of your licensed merchandise through our service to you.
2. Art submission and intellectual property
By submitting content in the form of Art to FanFlare.org, you, the Artist, assert that you own or retain all rights to your submissions and you grant FanFlare.org and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display, publish, modify, reproduce, and distribute your Art in any format. In exchange for that access granted to FanFlare.org,
FanFlare.org will offer 50% of profit from the sale of any Products displaying the Artist’s Art. Either party may terminate this agreement at any time and, in the event that the Artist has cancelled the agreement, a good faith effort will be made by FanFlare.org to end further use of the Artist’s Art as soon as possible and no later than 30 days.
YOU, AND NOT FanFlare.org, ARE COMPLETELY RESPONSIBLE FOR YOUR ART THAT YOU SUBMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE FanFlare.org SERVICES INCLUDING, WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED THE NECESSARY INTELLECTUAL PROPERTY AND OTHER RIGHTS FOR YOUR ART INCLUDING, WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT REPRESENT YOUR ART.
FanFlare.org reserves the right to prescreen your Art (but has no obligation or promise to do so), to review and remove your Art from the Site, to suspend or cancel your account, and to terminate the
FanFlare.org Services provided to you at any time in its sole discretion. Submissions of Art which violate any laws or which the Artist does not hold the rights to distribute or reproduce will not be tolerated.
Reporting Infringements of Copyright under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”) or Infringements of Other Intellectual Property Rights:
If you, the Complainant believe in good faith that any Art or Products available on the FanFlare.org website infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us (a “NOCI“) by providing the following information in writing to our designated Intellectual Property Rights Agent (listed below) (“IPRA”):
- The electronic signature of an authorized representative who acts on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;
- Identification of the work or works claimed to be infringed;
- Identification of the Art or Product that is claimed to be infringing and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit FanFlare.org to locate the allegedly infringing material;
- Information sufficient to enable us to contact the Complainant, including address, telephone number and e-mail address;
- A statement that the Complainant has a good faith belief that the use of the Art or Product is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
- A sworn statement made under penalty of perjury that the information provided in the NOCI is accurate and that the Complainant is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
FanFlare.org’s IPRA can be contacted in the following ways:
You acknowledge that if you fail to comply with all of the above requirements of this policy, your NOCI may be considered invalid.
When a complete and proper NOCI is received by FanFlare.org, it is FanFlare.org’s policy to rapidly investigate the claim and take the appropriate action, as determined by our sole discretion. Such action may include, without limitation: (a) removing or disabling access to the Art, Product or other material identified in the NOCI; (b) notifying the relevant FanFlare.org user that we have removed or disabled access to the relevant material; (c) cancelling orders for Products, as able, that include the Art identified in the NOCI; or (d) terminating the relevant FanFlare.org user’s account.
Supplying a Counter-Notice to the IPRA:
If you, as the FanFlare.org user, wish to contend the removal of your Art or Product or the cancelling of orders pertaining to the relevant Art or Product on the grounds that it is not infringing, or if you believe you have obtained all required rights from the owners, the owners’ agent, or sufficiently in accordance with the law, you may opt to send a counter-notice containing the following information to the IPRA:
- your physical or electronic signature;
- identification of the Art or Product that was removed or to which access has been disabled and the location at which the Art, Product, or other material appeared before it was removed or access to it was disabled;
- a sworn statement, under penalty of perjury, that you possess a good faith belief that the Art or Product was removed or disabled as a result of mistake; and
- your name, address, telephone number, e-mail address and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for the judicial district in which FanFlare.org may be found, and that you accept service of process from the person or representative who provided the NOCI to FanFlare.org.
In the event that a counter-notice is received by the IPRA, FanFlare.org may send a copy to the original Complainant informing them that FanFlare.org may restore the removed Art or Product, within 15 business days following the receipt of the counter-notice unless the Complainant notifies the IPRA that an action seeking a court order to restrain the FanFlare.org user from engaging in infringing activity relating to the Art or Product that was the subject of the NOCI has been filed.