Featured Artist Agreement

This Featured Artist’s Agreement (the “Agreement”) is entered into between the Moholy Ground Project (“MOH”, “Moholy Ground”, “we”, “us” or “our”, and as further defined below in Section 18) and yourself (“Artist”, “you” or “your”), effective as of your execution and submission of this Agreement by clicking the “I Agree” box or “Submit Application” link after reading this Agreement (the “Effective Date”). You acknowledge that this Agreement is an enforceable contract and intended to be a signed writing with the same force and effect as a traditional paper document signed in ink.

The Moholy Ground project owns and operates the MOH Website located at: www.moholygrounf.org or other Moholy Ground-controlled URL through which you access this Agreement (the “Website”) and this Agreement sets forth the terms that apply to any work of art or project (collectively, “Art work”) made available to the Moholy Ground Website Through submission of artistic work.

This Agreement incorporates both the Moholy Ground project Terms of Use (“TOU”) and the Moholy Ground project Privacy and Information Security Policy (“PP”). In the event of any conflict between this Agreement and the TOU or PP, the terms of this Agreement will control

    Definitions:
      a. “Work” means the copyrightable work of authorship offered under the terms of this License.
      b. “Licensor” , “You”, or “The Creator” means: the individual, individuals, entity or entities that offers the Work under the terms of this License.
      c. “Licensee” means: us, we, The Moholy Ground Project, MOH or M.G.P.
      d. “Original Author” means the individual, individuals, entity or entities who created the Work.
      e. “Collective Work” means: a work, such as a periodical issue, anthology or encyclopedia, in which the work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole.
      f. “Derivative Work” means: a work based upon the Work or upon the Work and other pre-existing works. Photographs of other art works
      2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
    All work are the properties of the Licensor (you). All your rights are reserved unless otherwise granted to Moholy Ground. Our rights to use the Image are subject to this agreement.
    Licensor Grants.
      a. The Moholy Ground Project a non-exclusive, non-transferable license to use the work submitted to The Moholy Ground Project for publication in any and all media, now known and hereafter devised without payment, royalties or compensation, unless specifically agreed to between us in writing.
      b. The Moholy ground project may use your work in Moholy Ground Magazine, MOH online other or in any and all media, now known and hereafter devised.
      c. The Moholy ground project may use your work in promotional materials for MGP, MOH, Moholy Ground Magazine provided that any such use indicates original authorship
      d. The Moholy Ground project royalty-free right to use, incorporate, exhibit, reproduce, distribute, promote, publicize, and otherwise exploit your Likeness in any and all media, now known and hereafter devised, throughout the world in connection with your artwork.
      E. Our rights to your Likeness are limited to that which you submit to us as part of or in connection with your Contribution or artwork
      f. The right to crop, edit or make such modifications as are technically necessary to exercise the rights in other media and formats.
    Warranties of Licensor (you)
      a. You are the creator, photographer and or original author, have the sole and exclusive ownership of the work, and have the right to license such work as provided.
      b. The work does not infringe copyright, trademark, right of privacy or publicity, and do not defame any third party
      c. You have the right to enter into this agreement and perform Licensor obligations here under.
      d.That each any persons depicted in such works, has provided consent (Model Release) and or that the work falls under fair use
    Restrictions Licensee
      a. Moholy ground’s license to use your work is non-transferable
      b. Moholy ground may not use your work for pornographic, unlawful or other immoral purposes
      c. Moholy Ground may not use your work for spreading hate or discrimination, or to defame or victimize other people, societies, culture
      d. Moholy Ground may not Use your work to directly endorse any outside products and services
      e. Moholy Ground may not use your work as part of a trademark, service mark or logo.
      f. Moholy Ground may not Sell, Share, or Redistribute your work without express written permission
    INDEMNITY
      Licensor agrees to indemnify and hold Moholy Ground harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from the use of an work or any breach of this agreement.
    TERMINATION: This License and the rights granted hereunder will terminate
      a. Automatically upon any breach by Moholy ground remain in full compliance with those licenses.
      b. With in Ninety (90) days after written notice Licensor (you)