Artist’s agreement
Submission does not guarantee that your work will be selected
Submitting artwork to a virtual exhibition, pop-up exhibition and magazine requires a non-refundable application fee.
If your work is chosen for our virtual exhibition, pop-up exhibition or for our e-magazine, Digital Chroma retains the right to use your material for promotional purposes. By submitting your work, you acknowledge that you have read and agreed to the terms and conditions set out in Digital Chroma’s Artist Agreement.
All images of artwork and rights relating to them, including copyright and ownership rights in the media in which the images are stored, remain the property of the artist.
Please review the full Artist’s Agreement prior to submitting work to Digital Chroma. Full terms, intended by linked by hyperlink from the underlined word “here,” above:
This Artist’s Agreement applies to you if you submit art for publication or display by Digital Chroma.
Please review these terms carefully, because by submitting your work to Digital Chroma, you (sometimes referred to herein as “Artist”) agree to be bound by each of these terms and conditions.
- By submitting your work to Digital Chroma, you are granting to Digital Chroma a non-exclusive, revocable, worldwide license to use, promote, and display your submission for commercial and non-commercial purposes, including on Digital Chroma’s website, Facebook, and Instagram pages, and on other Digital Chroma’s media or platforms. This license includes, without limitation, the non-exclusive right to use and display your submission on Digital Chroma and its affiliated websites, social media, publications, and products; provided, however, Digital Chroma will notify you and seek your advance consent to its use and inclusion of your submission in any Digital Chroma print publication, if any.
- .Work submitted by Artist, including the copyright and other rights of Artist in and to such work, remain the sole and exclusive property of Artist. Digital Chroma will use reasonable commercial efforts to ensure that its publication or display of your work will be accompanied by appropriate copyright notices or equivalent attribution, displayed in reasonable proximity to the work on Digital Chroma’s website or other media or platform. Placement of any work or submission on Digital Chroma’s media or platforms, which may include its Facebook, Instagram, website, print publication, or machine-accessed media, shall be in digital chroma’s discretion.
- Artist warrants and represents to Digital Chroma:
a. that their submission is the Artist’s original work.
b. that Artist is the sole owner of all right, title and interest in and to their submission, and has all requisite right and authority to submit such work to Digital Chroma, to enter into this Artist’s Agreement, and to grant to Digital Chroma this license.
c. that their submission does not infringe any other person’s or entity’s copyright, trademark, personal or privacy right, moral right, intellectual property right, or any other right.
d. that their submission does not infringe any other person’s or entity’s copyright, trademark, personal or privacy right, moral right, intellectual property right, or any other right.
e. Artist’s submission is not comprised of and does not include material or images which are or may reasonably be perceived as obscene, pornographic, seditious, defamatory, threatening, liable to incite hatred, or menacing.
f. Artist is over the age of eighteen years old.
g. Artist agrees to defend, indemnify, and hold Digital Chroma and its directors, officers, employees, or members harmless from any claim, demand, suit, action, proceeding or cost or expense arising out of or relating to Artist’s breach of any of the warranties above, Artist’s submission, or any breach of Artist’s obligations or covenants set forth in these terms and conditions.
- Artist acknowledges and agrees that Digital Chroma and Digital Chroma’s logos, name, trademark, trade dress, rights and licenses, the design and layout of its website, its copyrights, and any other intellectual or other property, are the sole and exclusive property of Digital Chroma or its licensors.
- All services provided by Digital Chroma, if any, including the operation of its website, media, or platforms, are provided “as is.” Digital Chroma makes no representations or warranties of any kind, express or implied, as to the operation of its website or other media or platforms, or as to the information, content, materials, products, or other services included on or otherwise made available through its website, media, or platforms, unless otherwise specified in writing. Digital Chroma disclaims all liability in connection with Artist submissions and the operation and display of its website, media, and platforms. Neither Digital Chroma nor its owners, officers, directors, employees, or agents shall be liable to Artist for any reason or in any way, including, without limitation, in connection with publication or display of Artist’s submission, a declination to publish or display Artist’s submission, removal of Artist’s submission, or the content of Digital Chroma’s website, media, platform or other publication. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to Artist, some or all limitations and disclaimers of Digital Chroma may be inapplicable, and Artist may have other or additional rights.
- Digital Chroma may modify or amend these terms and conditions upon notice to you, including electronic notice. These terms and conditions shall be governed by the law of the State of New York, and the federal and state courts located within the State of New York shall be the sole and exclusive forum for any disputes arising out of these terms and conditions or otherwise Artist’s submission of work.