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« Design Brief

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Placement preview should show your art mocked up on a product, a png or jpg that is 1200 pixels or larger is preferable.

RIGHTS ASSIGNMENT FOR

DC Comics ARTWORK SUBMISSION

PLEASE READ THE RIGHTS ASSIGNMENT TERMS AND FAN ART TERMS AND CONDITIONS CAREFULLY. CLICKING "I AGREE" BELOW CONSTITUTES YOUR ACCEPTANCE OF BOTH THE ASSIGNMENT TERMS AND FAN ART RULES. DO NOT USE THE SITE OR SUBMIT CONTENT IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.

  1. In this Agreement the following terms shall have the following meanings:

    You and Your: Anyone who submits artwork onto the site www.designbyhumans.com (the "Site"), defined below, or in any way uses the Site for purposes related to the Fan Art.

    Royalty Term: The duration of the Term of DBH's License Agreement with Warner Bros. Consumer Products ("WBCP"). You hereby acknowledge that You shall only be owed royalties by DBH, as described below, based on the commercial use of your Design(s) by DBH during the Term of DBH's Agreement with WBCP. For the avoidance of doubt, WBCP, its affiliates, and any of their respective licensees shall be free to utilize Your Designs in connection with goods and services of every kind, including on products similar or identical to products sold by DBH, now or at any time during the future, without payment of Royalties or any other compensation to You.

    Fan Art Rules: The rules of the Fan Art publicized by DBH and attached in Exhibit "A."

    "Intellectual Property Rights" mean any and all tangible and intangible: (i) rights associated with works of authorship, including but not limited to copyrights, moral rights, neighboring rights, and derivative works thereof, (ii) trademark (including registered and non-registered trademarks), domain names, service name and trade name rights, (iii) patents, design rights, and other industrial property rights, and (iv) all other intellectual property rights (of every kind and nature however designated) whether arising by operation of law, treaty, contract, license, or otherwise, together with all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof.

    Pre-existing Material: All information and material supplied to You as part of Your participation in the Fan Art Shop including, without limitation, one or more of the following: DC Comics characters, ideas, concepts, properties, product concepts, creative designs, drawings, specifications, artwork, still photographs, names, logos, trademarks, patents, pictorial and literary representations of fictional characters, companies, places and things.

    Work: Any concepts, creative designs, drawings, graphics, artwork and/or any other content without limitation and including in particular any new renderings or derivations of the Pre-existing Material, produced, rendered, conceptualized, or submitted by You for entry into the Fan Art shop in accordance with the Fan Art Rules, to include any Intellectual Property Rights therein and thereto.

  2. By clicking "I Agree" below, You acknowledge and agree that You are entering into this Agreement in consideration of the opportunity granted to You by DBH, limited solely to your use of the Pre-existing Material as part of Your entry into the Fan Art Shop.
  3. You acknowledge and agree that You are permitted to use the Pre-existing Material and/or the Work solely for the purposes of the Fan Art shop as specified by the Fan Art Rules.
  4. You acknowledge and agree that:
    1. The Work, including all preliminary materials and all results and proceeds thereof, has been specially commissioned by WBCP under this Agreement as a "work made for hire," as such term is used in the United States Copyright Act of 1976. WBCP shall be the sole and exclusive worldwide owner of the Work, including all Intellectual Property Rights therein, and shall have the exclusive right to further transfer and assign as well as alter and to engage others to alter the Work in any way, including by adding, deleting, or altering any aspects of the Work at WBCP's sole discretion and without obligation to You;
    2. If WBCP shall be deemed not to be the author and owner of the Work upon its creation, then You irrevocably transfer and assign to WBCP all right, title, and interest in and to the Work and all amendments, changes and enhancements thereto, effective as of the creation thereof, for no additional consideration, including all Intellectual Property Rights therein and any renewals, extensions or revivals thereof, and all other rights to exploit the Work in any manner at WBCP's sole discretion (including without limitation further transfer and assign as well as alter the Work) in all media now or hereafter existing throughout the universe in perpetuity;
    3. WBCP shall have the full, unfettered, and unqualified right to make any changes or modifications in and to the Work as it may deem appropriate in its sole discretion. You irrevocably waive all rights of "droit morale" or "moral rights" of authors or any similar rights or principles of law that You may now or later have in the Work (whether now existing or hereinafter enacted) throughout the world;
    4. WBCP shall also have the right, but not the obligation, to use and to permit others to use Your name, likeness and biographical information in connection with the Work, and the advertising, publicity and promotion thereof;
    5. You acknowledge that You have entered into this Agreement before commencing any activities hereunder;
    6. You further acknowledge that You shall not have, acquire or claim any right whatsoever in or to any of the Pre-existing Material and shall not have the right or privilege to use any of the Pre-existing Material except as provided herein.
    7. You acknowledge that the Work you are submitting, or elements or portions thereof, may be similar or identical to the many ideas, suggestions, or creative elements developed by DC Comics or its affiliates, both previously and in the future, and that neither DC Comics nor any of its affiliates shall have any liability to You for the use of material independently created by DC Comics or its affiliates, even if such material is substantially similar or identical to the Work submitted by You and regardless of the medium it is reproduced in or on.
  5. You represent and warrant that
    1. No other person or entity has contributed or assisted in any way in the creation of the Work or that such entity or person has assigned any and all of its worldwide right, title and interest in and to the Work to You.
    2. The use of or exploitation by DBH, or by WBCP, WBCP's affiliates, and each of their respective licensees, of the materials other than the Preexisting Materials contained in the Work will not infringe upon the rights of any person or entity.
    3. Neither You nor any person or entity associated with You shall apply to register or otherwise acquire in its own name in any jurisdiction, any trademark or copyright based upon, derived or translated from, or identical to, resembling or confusingly similar to the Work or any Pre-existing Materials.
    4. You shall at all times hold out and represent WBCP to be the owner of the Work and any and all Pre-existing Materials provided to You.
  6. If WBCP desires separate assignments of or for any of the foregoing, or if WBCP shall desire further documents that it deems reasonably necessary to protect its rights in the Work (including, but not limited to, Intellectual Property Rights), You shall execute the same upon WBCP's request and should You fail, refuse or be unavailable to execute and deliver same, DC Comics shall have and is hereby granted the right, to execute the same in Your name and as Your attorney-in-fact.
  7. You will keep strictly confidential all Pre-existing Material disclosed to You, whether in written, oral, visual or any other form, and whether such information was furnished to You before or after executing this Agreement. You will not disclose, reproduce, disseminate, or otherwise distribute the Pre-existing Material, or the substance or the contents thereof, in whole or in part, in its original form or in any other form other than as permitted by this Agreement and/or the Fan Art Rules.
  8. Upon submission of Your entry for the Fan Art, You shall return to WBCP or such party as it shall designate any Pre-existing Material delivered to You, and You shall either deliver to WBCP all reproductions You have made thereof or You shall destroy beyond recognition any reproductions not delivered to WBCP.
  9. You acknowledge and agree that this Agreement does not constitute a license from WBCP to You, that no manufacturing or distribution rights are granted by WBCP to You hereunder, and that WBCP and its affiliates are under no obligation to grant a license to You. Any and all rights not specifically granted to You hereinabove are expressly reserved by WBCP.
  10. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California without reference to its conflicts of laws provisions and subject to the exclusive jurisdiction of the state and federal courts within California.

    EXHIBIT "A"

    DC Comics FANSHOP RULES

    PLEASE READ THE CONTEST TERMS AND CONDITIONS CAREFULLY. CLICKING "I AGREE" BELOW AND/OR ENTRY IN THIS FANSHOP CONSTITUTES YOUR ACCEPTANCE OF THE FANSHOP TERMS AND CONDITIONS. DO NOT USE THE SITE OR SUBMIT CONTENT IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.

    NO PURCHASE IS NECESSARY TO ENTER. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT'S ODDS OF ARTWORK APPROVAL. THIS FANSHOP IS OPEN ONLY TO NATURAL PERSONS WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY.

    All DC characters and elements © & ™ DC Comics.

      1. FANSHOP NAME. DESIGN BY HUMANS "DC Comics FANSHOP" ("FANSHOP").
      2. VOID WHERE PROHIBITED BY LAW.
      3. SPONSOR and ADMINISTRATOR. The Sponsor and Administrator of the Fanshop is DBH Worldwide, LLC ("DBH," "Sponsor," and "Administrator"). Administrator will conduct the Fanshop substantially as described in these Official Rules. By participating in the Fanshop each entrant agrees to the following Fanshop Rules.
      4. METHOD OF ENTRY. To participate in the Fanshop, you must be a registered user of www.designbyhumans.com. Create an artistic work for display on a t-shirt pursuant to the rules contained herein. When your artist work is complete, you must accept this Agreement and the Rights Assignment Agreement, and then upload an image of the Work to http://www.designbyhumans.com/submit/ for approval and posting of your entry. Each submission must be unique.
      5. RIGHT TO SUBMIT. By submitting your Work for consideration in the Fanshop, you represent and warrant to DBH and WBCP (the "Fanshop Entities") that you have the right and authority to convey the rights granted hereunder; that the Work is original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Work is not libelous, slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold the Fanshop Entities harmless and shall indemnify the Fanshop Entities for all costs and expenses (including reasonable attorney fees) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you.
      6. APPROVAL OF SUBMISSIONS. All entries ("Submissions") shall be reviewed by DBH. The Submissions shall be reviewed for uniqueness, quality of design, protection of Pre-existing Material and its associated intellectual property, and compliance with Fanshop Rules. The Fanshop Entities reserve in their sole and absolute discretion the right to disqualify a Submission from being posted on the DBH Site for failure to comply with one or more of the factors listed in the immediately preceding sentence. WBCP shall retain all rights assigned to it pursuant to the Rights Assignment Agreement regardless of whether a given work is posted on the DBH Site. Additionally, any submission that is approved may be removed/disapproved at any time by DBH and/or WBCP in their sole discretion. If a previously approved submission is removed/disapproved by DBH and/or WBCP, no royalties or other payments shall be due to you from DBH, other than those that have already accrued.
      7. REPRESENTATIONS AND WARRANTIES. As conditions of entry into this Fanshop, and by uploading a Submission, each entrant:
        1. Warrants and represents that the entrant has the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use her respective name or likeness to enable inclusion and use of the submission in the manner contemplated by the Administrator and the official rules and can make written copies of such permissions available to the Administrator upon request;
        2. Warrants and represents that entrant's Submission is original to the entrant and has been legally obtained and created, does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations;
        3. Warrants and represents that entrant's Submission does not contain any unlicensed images.
        4. Warrants and represents that entrant shall comply with the Fanshop Rules and the Terms of Use for the DBH Site found at http://www.designbyhumans.com/
      8. In the event an entrant cannot provide all required releases, Administrator reserves the right, in its sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Administrator's benefit, or allow the applicable Submission to remain.
      9. DESIGN SPECIFICATIONS. Entrants agree to the following:
        1. All submitted designs must be the original work of the participant, except for Pre-existing Material elements.
      10. LIMITATION OF DESIGNS. Entrants agree that Submissions shall not contain, include or involve any of the following:
        1. Obscenity, crude, vulgar or offensive pictures, depictions, images, language and/or symbols.
        2. Gang signs or symbols.
        3. Sexual activity or themes.
        4. Nudity.
        5. Illegal drugs, alcohol, tobacco, or firearms.
        6. Commercial products and/or their trademarks, brands, logos or endorsements aside from those identified as Pre-existing Materials.
        7. License plates, phone numbers, personal addresses (physical or email or otherwise).
        8. Website or web page links.
        9. Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), any assault or threatening of others.
        10. Trespass or the violation of other people's rights or property.
        11. Conduct or activities in violation of these Official Rules.
        12. Any other content, display, materials and/or images that is or could be considered inappropriate.
        13. Unsuitable or offensive content, as determined by the Fanshop Entities, in each of their sole discretions.
        14. The names and/or likenesses of any live-action talent
        15. Any third-party (i.e. non-DC) intellectual property, including but not limited to any non-DC characters (such as Marvel characters), third-party trademarks, or third-party logos.
        16. Any form of promotion, advertising or publicity.
        17. Any religious or political graphics, language, and/or themes.
        18. Any use of music or lyrics.
      11. TAMPERING. If, in the Administrator's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Fanshop, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Fanshop, and/or the Fanshop is not capable of being conducted as described in these Official Rules, Administrator shall have the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Fanshop. Administrator reserves the right to prosecute any fraudulent entries to the fullest extent of the law.
      12. ELIGIBILITY. The Fanshop is open only to natural persons who are 18 years of age or older at the time of entry. Fanshops may only be entered from and in eligible jurisdictions and is void where prohibited by law. Administrator and each of its respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Fanshop including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. In the event of a dispute about the identity of an entrant, each entry will be declared made by the registered account holder of the e-mail address submitted at time of entry. The registered account holder is deemed to be the natural person who is assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any selected entry, the artist may be required to provide Administrator with proof that the person is the registered account holder of the e-mail address associated with the winning entry. By entering the Fanshop, entrants agree to comply with and be bound by these Official Rules and the decisions of the judges which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Fanshop.
      13. RETAIL ROYALTIES. By submitting your Designs pursuant to this Agreement, you hereby grant DBH and/or WBCP a non-exclusive, royalty-free (except subject to the royalty schedule below), worldwide license to post, display, modify, transmit, copy, distribute, publicly display, reproduce, edit, translate, and reformat your Design(s). DBH and/or WBCP may commercialize the Design(s). Upon the Expiration or Termination of DBH's Agreement with WBCP, no further royalties shall be paid or due (except for those accrued prior to the Expiration or Termination of DBH's Agreement with WBCP) and all rights in and to the Design(s), shall remain in perpetuity, the sole property of WBCP, free and clear of any obligations to you whatsoever. If DBH's Agreement with WBCP is to expire less than ten (10) months after you submit a Design, DBH shall notify you and allow you to withdraw your design from the Fanshop or, alternatively, agree that royalties may only be generated during the remaining term of DBH's Agreement with WBCP.

        For the avoidance of doubt, WBCP, its affiliates, and any of their respective licensees shall not now, or at any time in the future, be obligated to pay you Royalties for the use of your Design(s), including on any products similar or identical to products sold by DBH.

        During the Term of DBH's Agreement with WBCP, DBH shall pay to you a royalty fee for items sold by DBH on its Site as follows:

        1. $2.10 for each Men's, Women's or Juniors' Perfect Tee
        2. $2.10 for each Women's Relaxed Scoop
        3. $2.10 for each Women's Plus Size Perfect Tee
        4. $2.10 for each Juniors' Fitted V-Neck
        5. $2.10 for each Tank Top
        6. $1.80 for each Boy's or Girl's Perfect Tee
        7. $2.10 for each Men's Long Tee
        8. $2.10 for each Men's Long Sleeve Tee
        9. $2.40 for each Unisex Baseball Tee
        10. $3.70 for each Crewneck Sweatshirt
        11. $3.70 for each Pullover Hoodie
        12. $3.70 for each Zip Hoodie
        13. $3.10 for each All-Over T-shirt, Tank top and Racerback
        14. $4.70 for each All-Over Crewneck Sweatshirt
        15. $4.70 for each All-Over Pullover Hoodie
        16. $4.70 for each All-Over Zip Hoodie
        17. $3.40 for each All-Over Baseball Tee
        18. $3.10 for each All-Over Pocket Tee
        19. $3.20 for each All-Over Leggings
        20. $3.10 for each All-Over Crop Tank and Crop Top
      14. WHOLESALE ROYALTIES. During the License Term, DBH shall pay to you a 12.5% royalty fee, based on net profit, for items, featuring your Design, sold by DBH through its wholesale distribution network; provided, however, that DBH reserves the right, in its sole discretion, to modify its royalty payments and other agreement terms for wholesale sales on a case-by-case basis. Royalties are earned on a quarterly basis, only. No sales from one quarter shall carry over, accrue, or shall be counted in another quarter. Each new quarter shall begin on the following dates each calendar year: January 1, April 1, July 1, October 1.
      15. PUBLICITY, PRIVACY, AND NOTIFICATION. Except where prohibited by law or regulation, by submitting an entry, entrant grants the Administrator a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, and likeness in connection with the promotion of this Fanshop and Entrant's Work, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for the Administrator's use thereof, unless prohibited by law. Entry into this Fanshop may require entrant to enter its email address and certain other personal information. Entrants are informed that the personal data collection in connection with this Fanshop will be collected by Administrator's servers and computer systems, which are based in the United States and such collection will therefore be subject to applicable United States laws. You may withdraw your personal data upon request; however, you will be disqualified as an entrant in this Fanshop if you withdraw your personal data prior to the determination of the selected artists and fulfillment of royalties. Entrants agree that the Administrator may disclose to third parties all personal information obtained from entrants and use such information for marketing and other purposes. Winners will be notified via the e-mail address provided to Administrators. Selected artists may be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, which must be returned, properly executed, within three (3) days of issuance of royalties. If these documents are not returned properly executed, or are returned to Administrator as undeliverable, or if any given prize winner does not otherwise comply with the Officials Rules, the royalties will be forfeited. To receive royalties, selected artists must register for a user account at www.designbyhumans.com. The email address associated with the selected Work must match the email address in the user account. Artist will receive a per sale royalty equal to their artist store royalty payable on the same schedule as the DBH Collection.
      16. GENERAL CONDITIONS/RELEASE. The Fanshop is void where prohibited by law and is governed by the laws of the United States of America. The submission of an entry is solely the responsibility of the entrant. Any automated receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by Administrator of an entry for purposes of these Official Rules. By participating, entrants (a) release Administrator, and its respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Fanshop, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability. Neither Administrator nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant's or any other person's computer or television related to or resulting from participation in this Fanshop. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE FANSHOP MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Fanshop is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of and/or Administrator, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Fanshop, Administrator reserves the right at its sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Fanshop. In the event of any cancellation, termination or suspension, the determination of the winners will be made, from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as Administrator determines in its sole discretion. Entries not complying with all rules are subject to disqualification.
      17. DISPUTES. Entrants and Site users agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Fanshop for shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of California or the appropriate California State Court located in Butte County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Fanshop but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Fanshop Entities in connection with the Fanshop, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
      18. OFFICIAL RULES. For a copy of the Official Rules, mail a self-addressed stamped envelope by first class mail to DBH WORLDWIDE, DC Comics Fanshop Rules, 495 Ryan Avenue, Chico CA 95973, Attention: Art Department. Fanshop entrants are hereby authorized to copy these official rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever.
      19. MISCELLANEOUS. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group, Administrator, DC Comics, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group, or entity, or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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