Design Submission Legal Terms & Conditions
By submitting your design (referred to as the "Design") and in consideration of Little Monster Holdings d/b/a Bandaru Organics, its affiliates and parents (collectively "Bandaru Organics"), evaluating your Design for its possible use, you agree to the following terms and conditions (the "Design Submission Terms and Conditions"):
The Design is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party's right of publicity or privacy.
The Design does not infringe any rights (including but not limited to copyright) of any third party.
You represent and warrant that you have the full right, power and authority to enter into the Design Submission Terms and Conditions and that your agreement to them does not violate any agreement you have entered into with a third party. If you have entered into an agreement with any third party concerning the Design or any other artwork you must promptly advise Bandaru Organics.
You agree to defend, indemnify and hold harmless Bandaru Organics, and sublicensees (each an "Indemnified Party") from and against any and all third party claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) arising out of or relating to an Indemnified Party's use of the Design (including reproducing, distributing, adapting, and displaying the design) and/or a breach or alleged breach of the Design Submission Terms and Conditions by you, including paragraphs 1-3 above.
As between you and Bandaru Organics, you own and will maintain ownership of the Design. Bandaru Organics does not and will not own the Design as a result of your submission of the Design. The Design Submission Terms and Conditions, including this provision, supersede any prior oral or written agreement between you and Bandaru Organics with respect to the Design.
You hereby grant Bandaru Organics a worldwide, non-exclusive, right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Design, in any manner now known or hereafter devised. This license may be sub-licensed by Bandaru Organics to others. You waive any "moral rights" you may have in the Design.
You also grant Bandaru Organics a worldwide, non-exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub-licensed by Bandaru Organics to others.
You may request, subject to Bandaru Organics approval, to revoke the licenses granted in paragraphs 6 and 7 of these Design Submission Term and Conditions (collectively, the "Non-Exclusive Licenses") by providing express written notification of your request for revocation of the Non-Exclusive Licenses to Bandaru Organics at the following email address: email@example.com. Any such request for revocation of the Non-Exclusive Licenses must contain the design's title and URL. If such request for revocation of the Non-Exclusive Licenses is approved by Bandaru Organics, termination of the Non-Exclusive Licenses will become effective six (6) months following Bandaru Organics express written acceptance of the request for revocation.
Upon Bandaru Organics actual receipt of a notice of revocation of the Non-Exclusive Licenses, the Non-Exclusive Licenses shall terminate; provided, however, Bandaru Organics and any sub-licensees and wholesale parties that sell the Design under Bandaru Organics authorization may, at their discretion, sell through any items in their possession bearing the Design, and advertise and promote the same, until such time as the inventory of such products is exhausted. Bandaru Organics also may terminate the Non-Exclusive Licenses by providing written notice to you, at the email address provided by you, of Bandaru Organics election to terminate the Non-Exclusive Licenses. Upon dispatch of Bandaru Organics notice of termination, the Non-Exclusive Licenses shall terminate; provided, however, Bandaru Organics and any sub-licensees and wholesale parties that sell the Design under Bandaru Organics authorization, may, at their discretion, sell through any items in their possession bearing the Design and advertise and promote the same, until such time as the inventory of such products is exhausted.
Bandaru Organics will pay you a royalty of 20% of the calculated net profits per unit sold of the Design. All BandaruOrganics.com payments will be made on a monthly basis. Royalty payments will be sent in the form of PayPal. Please contact firstname.lastname@example.org if there are any questions or concerns in regards to payment.
Bandaru Organics' use of the Design and its payments to you are subject to your representation that you own the Design and that the Design does not infringe any third party's legal rights.
You alone will be responsible for the payment of any tax that arises as a result of receiving any payment from Bandaru Organics, its subsidiaries, related companies, partners, or licensors
You acknowledge that BandaruOrganics.com may decline to select the Design, exclude the Design from consideration, or take down the Design from BandaruOrganics.com for any reason, at any time, and in its sole discretion and that the decisions of BandaruOrganics.com are final and binding.
By submitting your Design, you acknowledge that you have read and agree to these Design Submission Terms and Conditions. Your agreement with Bandaru Organics is governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Pinellas County, Florida, in connection with any dispute arising from this agreement.
Bandaru Organics may, in its discretion, change these Design Submission Terms and Conditions at any time and such changes shall be effective immediately. It is your responsibility to review any changes to the Design Submission Terms and Conditions. The lack of providing a notice of revocation of the Non-Exclusive License shall signify your agreement to any such revised terms and conditions.