Aarting,Inc Design Submission Legal Terms & Conditions
Last Revised July 4, 2008
By selecting “I Agree” below and in consideration of Aarting,Inc evaluating your Design (hereinafter the "Design") for its possible use on toys (the "Items"), you agree to the following terms and conditions ("Design Submission Terms and Conditions"):
If your Design is selected for use by Aarting,Inc, you acknowledge that you assign to Aarting,Inc and its subsidiaries and affiliates (hereinafter collectively "Aarting,Inc") the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design, for its sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all "moral" rights that you may have in and to your Design.
If your Design is selected, Aarting,Inc may use your Design in any manner on or in connection with the Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on the Aarting,Inc website and on promotional material for Aarting,Inc, and registering the Design with the US Copyright Office in the name of Aarting,Inc as the Claimant, and you as the Author. You agree to provide Aarting,Inc with minimal information as may be required in order to register the copyright in the Design if Aarting,Inc so requests, at no cost.
You may use or continue to use the Design for any other purposes, except those described below.
If your Design is selected, you may not use the Design (or derivatives of the Design) or allow others to use the Design (or derivatives of the Design) on any Items, as described above. In addition, by submitting your Design, you may not reproduce, sell, or submit the Design to others for any commercial purpose for ninety (90) days after the date of submission while the Design is being evaluated by Aarting,Inc. Once the ninety (90) days have passed, if your Design is not chosen for print by Aarting,Inc, you are free to use the Design for any commercial or non-commercial purpose. However if your Design is used elsewhere, you must notify Aarting,Inc by email guru@aarting.com about where and when the Design will be used, so that it can be removed from the Aarting,Inc website at that time. In addition, if the Design is used or reproduced for commercial purposes elsewhere, you cannot use the Aarting,Inc blogs to promote the Design or the company using the Design. You further agree not to use the Aarting,Inc blogs to promote the products and services of any company that operates in competition with Aarting,Inc. Aarting,Inc reserves the right to choose your design after the (90) days have passed, on the condition that the design has not been used for commercial purposes on any Items, as described above.
You acknowledge that the Design you are assigning to Aarting,Inc is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Aarting,Inc in its sole discretion, deems to be profane or offensive.
You acknowledge that Aarting,Inc reserves the right to decline to select a Design for consideration for any reason, including poor design, as further explained in the "FAQ" page of the Aarting,Inc website, which are subject to change at any time.
If your Design is selected for use by Aarting,Inc, you will receive: 1 case containing 25 pieces of your winning toy design. Additionally, under the creative direction of Aarting,Inc, you will receive the opportunity to design the box and display case your toys come in. Aarting,Inc reserves the right to change these terms at any time, by posting them on the Aarting,Inc website, and changes will be effective upon posting. Award(s) will be based on the terms in effect when your Design is selected. Award(s) will be sent within eight (8) weeks after Aarting,Inc’s shipment of manufactured toys have been received from the factory. If your hi-resolution artwork is not deemed suitable for manufacturing as determined by Aarting,Inc, Aarting,Inc will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable hi-resolution format.
Participants, who in the opinion of Aarting,Inc, do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at Aarting,Inc’s sole discretion, can at any time be excluded from consideration without notice.
The decisions of Aarting,Inc are final and binding.
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