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3Screensart.com, LLC.

Resellers Agreement

The website 3Screensart.com is owned and operated by 3Screensart.com, LLC. Access and use of this Website is provided on the condition that you agree to abide by the terms and conditions of this Agreement. Accessing or using this Website or Service, constitutes acceptance of these terms and conditions for Sales in the United States.

 I. Definitions

1. "Content" refers to any Artwork, Art, Animation, Digital Media, Digital Art, Product, Material, Video(s) or Images published at the 3Screensart.com Site.

2. “Site” refers to the Website www.3Screensart.com

3. "For Sale" includes all Content that requires acceptance of the End User License Agreement, as distinguished from Content available for free download.

4. “Buyer” refers to any person who creates a User Account at 3Screensart.com for the purpose of purchasing Content via the Site. 

5. "Reseller" refers to any Artist, Vendor or Individual who creates a Reseller Account at 3Screensart.com and uploads Content to the Gallery for the purpose of making it available For Sale.

6. "Service" refers to transmission, upload, brokerage, license, or purchase of Content to and from the Site or any approved web portal either currently in existence or in the future.

7. "Gallery" refers to that portion of the Site which Content is viewed, managed, shared, displayed, offered For Sale Content and purchased on the 3Screensart.com Website

8. "Valid Sale" refers to a sale of Content via 3Screensart.com where the appropriate share of proceeds is received by the Reseller who published the Content. Content For Sale via 3Screensart.com Site which is returned is not a Valid Sale.

9. "Brokering" referes to the Service provided by 3Screenart.com whereby Resellers may upload, manage, share and display and/or offer For Sale Content for which 3Screensart.com acts as a principal on a commission basis without Copyright to the Content.

II. Resellers Licnese Agreement 

Our Reseller Services on the Site are provided subject to the following terms and conditions. This Resellers Agreement sets forth the terms and conditions under which 3Screensart.com LLC., an Illinois Limited Liability Corporation offers the Reseller access to 3Screensart.com Brokerage Services available at the Site, through which they may upload, manage, share and display Content and/or offer For Sale Content.  Please read them carefully.  This is a legal and binding agreement between the Reseller, the Buyer and 3Screenart.com LLC.

By using 3Screensart.com Brokerage Services as defined below, you indicate that you accept the terms and conditions of this Agreement and any subsequent modifications. Your participation in 3Screensart.com’s Services is entirely conditioned on and subject to your compliance with this Agreement. If at any time you do not agree with this Agreement, do not proceed to access any offered Services on the Site. You are allowed to have only a single account open at any time. 3Screensart.com Services are offered only to participants aged 18 and above. By participating in 3Screensart.com Services, you acknowledge that you are 18 years or older.

You shall not include in the Gallery or in any of your Content any information intended to lead to sales of listed items outside of the 3Screensart.com platform. This includes, but is not limited to, (i) external email addresses, (ii) telephone numbers, (iii) external website addresses, (iv) trade names that feature “.com,” “.net” or similar domain extensions, (v) references to “Google me” or similar references, or (vi) references to alternative channels through which your work may be purchased.

1. 3Screensart.com Brokerage Services

• 3Screensart.com Brokerage Services provide a means for Resellers to promote and sell their Artwork/Content. Artwork requested by you to be made available for sale as Content may be made available for sale on or through the Gallery on the Site.

• You acknowledge that your Content will be publicly available. You will be solely responsible for all elements of the Content uploaded or distributed by you or in the name of your account (including but not limited to all artwork and textual information such as contact details, profile, information, messages and commentary on your artwork or the artwork of others) and the accuracy and propriety of the same.
• You hereby acknowledge and understand that you are responsible for insurance and any risk of loss, all applicable taxes and costs incurred related to any sale of Content, resolution of any disputes arising from the sale of Content and  researching and complying with any applicable laws, restrictions, regulations or manner of sale or exchange that may pertain to transactions of the Content.
• We shall have no obligation or responsibility for registering the copyright in any Content  with any copyright office.
• You will receive a password and a Resellers account. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur on your account, and you should ensure that you exit from your account at the end of each session. You agree to promptly notify us of any unauthorized use of your password or Resellers account.
• You may not use a false email address, impersonate any person or entity, or otherwise misrepresent the origin of any Content.
• We reserve the right to categorize and re-categorize the Content submitted to the Site, and uploaded to the Gallery, within our subject classification taxonomy, as may be modified from time to time by us in our sole discretion.

• You may add or remove Content from the Gallery as you wish subject to the terms of this Agreement. You agree and acknowledge that you shall not use the Site or the Gallery (i) as storage for remote loading for another website, whether internal or external to the Site; (ii) to link to any website, (iii) to solicit for advertisers or sponsors; or (iv) to display a sponsorship banner of any kind, including those that are generated by banner or link exchange services.

2. Rights Granted

You retain all copyrights to your Content; provided, however, you grant to us a non-exclusive, transferable, worldwide, royalty-free license to sell your Content  to the extent you elect to offer such Content for sale pursuant to 3Screensart.com Brokerage Services, and digitally reproduce, publicly display and otherwise utilize your Content to advertise, market, promote, and publicize your Content, and the Site; provided, however, that we shall not be required to so advertise, market, promote or publicize. 
 

3. Representations, Warranties and Covenants

4. Content Policy.

You agree that we have the right, but not the obligation, to screen all Content  for compliance with this Content Policy and our Copyright Policy in section 5, to prevent Content from appearing in the Gallery or to remove Content that already appears on your Resellers page, for any reason. You acknowledge that the factors determining whether Artwork falls within the Content Policy may be subjective, and you agree that we shall determine in our sole discretion whether your Content adheres to this Content Policy.

• You will not post any Content  that is false, libelous, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise objectionable or injurious to third parties or violated any applicable law, rule or regulation.

• You will not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, “junk mail,” “spam,” “chain letters,” or “pyramid schemes” or other such solicitations.
• No element of Content will violate, misappropriate or infringe upon any intellectual property right or other right of any third party (including, but not limited to, contractual rights, trademark rights, copyrights, trade secrets, moral rights, or rights of privacy or publicity).
• You will not post any Content that contains sexually explicit images, or child or teen pornography.
• You will not upload, post or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
   

5. Copyright Policy

3Screensart.com respects the intellectual property rights of others and we require our Content providers to do the same. 3Screensart.com Artists/Resellers remain the original copyright owner in all Content uploaded to this site. Use of the Content in a manner which is inconsistent with the terms and conditions set forth herein is strictly prohibited.

• Do not post, give away or sell any item that is not 100% your own. Copyright infringement shall not be permitted and violators will be banned.

• Do not use items found on the Internet.
   

3Screensart.com's Policy Concerning Claims of Copyright Infringement; i.) Review the US Copyright Laws ii.) It is in the best interest of both parties to try to resolve the dispute among themselves first. iii.) Set forth in detail your claim to the exclusive ownership of the intellectual property in question. iv.) Set forth in detail the specific reasons why you believe the Content in question infringes your intellectual property rights. Upon receiving a Copyright notification of an alleged Copyright infringement claim, 3Screensart.com will, within one (1) business day of receipt of the Copyright Notification, suspend the availability of the challenged Content in the Gallery and suspend any payment otherwise due the vendor of the challenged Content.

• Resellers agree upon upload to indemnify and hold harmless 3Screensart.com LLC.,  from and against any and all claims and expenses, including refund costs and attorney's fees, if there is a breach of the upload terms and/or Copyright Policy.
• 3Screensart.com LLC., reserves the right to remove Content from the Gallery or disable Reseller account at its sole discretion. Allegations of infringement may form the basis for such removal from the Site.  

Policy Concerning False Claims; Repeated copyright notification claims submitted by the same member that are determined to have no reasonable grounds to believe that copyright infringements may have occurred will form the basis for a violation warning and/or disabling of their account.

• 50%/50% .mov, .avi, .flv, .mpeg1 or 4
• 50%/50%  .jpg 

You shall indicate clearly on the Gallery the price of the Content is for sale and are responsible for all applicable taxes and costs incurred related to any sale of Content. Any prices listed must be stated in U.S. dollars. The payment will be applied against the actual sale price of the print, net of discounts, promotions, taxes, duties, shipping costs, and amounts returned for fraud, bad debts, returned goods and chargebacks. No royalties will be owed or payable on the sale of items that violate the Content Policy or this Agreement. Payments due to you shall be paid on the last day of the month following the month in which at least $100.00 in Net Payments are earned and unpaid.

You agree that we, in our sole discretion, may, immediately and without prior notice, terminate this agreement by: terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have uploaded to the Site, at any time for any reason or no reason. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. We shall have no obligation to preserve or return to you any images, files or other Content  related to your account. Other than as set forth in the preceding sentence, we shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account. The licenses granted in Section 1 above shall terminate immediately following the termination of this Agreement.
 

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