Calling All Creative
Terms of Service (TOS)

This Agreement constitutes the Terms of Service (the "TOS") of Calling All Creative (herein referred to as "CAC"). By Agreeing to these Terms, you (herein referred to as the "Artist") accept the following set of Terms and Conditions upon submission of your material (herein referred to as the "Submission") for consideration to be featured on the CAC website and related CAC social media accounts, including but not limited to Instagram, Twitter, Facebook, Youtube, and Tumblr, and any and all other digital media sharing platforms not expressly indicated herein.

1. The Artist agrees, warrants, and represents that the Submission is original; that Artist possesses all rights in and to it and without limiting the generality of the foregoing Artist further specifically agrees, warrants, and represents that Artist is the creator, proprietor, and sole owner of the copyrights to any and all media contained within the Submission and all external links contained therewithin, and that said media is free from all encumbrances and does not infringe, in whole or in part, upon any copyright or other right in any copyrighted work.
2. If the Submission does contain copyrighted material that is owned by a third party (herein referred to as the "Owner"), the Artist hereby warrants that they have obtained explicit permission from Owner containing any and all rights necessary to include the respective copyrighted material in Artist’s Submission to CAC.
3. This Agreement authorizes and permits any use of the Submission not expressly set forth herein and includes, by way of illustration but not limitation, the right to include photos, videos, and any and all other digital content that is included in the Artist’s Submission on the respective CAC artist page of the submitting Artist as well as on the [untitled] digital publication on the CAC website (www.callingallcreative.com).
4. The rights expressly granted hereinabove include such rights for in-context use of the Submission in advertisements and promotions, including but not limited to, radio, screen, television and audiovisual trailers, all in a linear progression, solely for the advertising and exploitation of CAC and Artist.
5. Artist grants to CAC the right to use and permit others to use Artist’s name, likeness, and biographical material included in the Submission on or together with any CAC-generated media in connection with advertising, publicity and trade concerning CAC, its successors, assigns, and licensees.
6. Nothing in this Agreement shall obligate CAC to pay to Artist any portion of any moneys that CAC may receive in connection to use by CAC of media contained in Artist’s Submission, including but not limited to, photos, videos, and any and all other median contained therewithin. 
7. Artist warrants only that it has the legal right to enter this Agreement and this Agreement is given and accepted without any other warranty or recourse.  If said warranty is breached in whole or in part, Artist shall pay to Owner the amount due to Owner for this breach of warranty to the extent of the part thereof which is breached.  In no event shall the total liability of the Artist exceed the amount due to Owner as specified in any DMCA claim against CAC, in addition to any counsel fees incurred by CAC in connection with defense of any such claim or proceeding.
8. Upon commencement of any legal proceeding or assertion of any apparently bona fide claim against CAC alleging any facts constituting a breach of any of Artist’s warranties and representations hereunder, CAC shall serve notice thereof upon Artist, and until such claim or proceeding has been finally adjudicated or settled to CAC’s satisfaction, any and all payments that may be or become due to Artist under any agreement between Artist and CAC may be withheld by CAC. CAC shall have the right to settle or otherwise dispose of such claims or proceedings as in its sole discretion it may determine, in good faith with respect to Artist. Artist hereby fully indemnifies CAC from any and all losses, damages, penalties and costs, including reasonable counsel fees incurred by CAC in connection with defense of any such claim or proceeding.
9. No breach or default by either party shall be deemed material unless such party has failed or refused to cure such breach or default within thirty (30) days following the date of receipt of written notice by email thereof from the other party.
10. CAC hereby reserves the right to suspend, indefinitely or permanently, all member accounts of Artist, solely at the discretion of CAC; without refund, remuneration, or rebate of any payments, including but not limited to membership fee payments, ticket purchases, or any and all other payments to CAC or any Official Partners of CAC by Artist not specified herewithin. CAC maintains to utilize this right solely in good faith of the interests of both Artist and CAC, in the event of any and all forms of warranty misrepresentation, criminal conviction, media controversy as interpreted solely by CAC, or any other reason not specified herewithin. In the event of membership cancellation or suspension, CAC agrees to notify Artist within thirty (30) days of the respective disciplinary action being taken against the Artist's member account.

By clicking Submit, you agree to all of the Terms specified herewithin.

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