Design Submission Terms
MAIA MING FONG RED CLAY DESIGNER
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RED CLAY DESIGN SUBMISSION
TERMS AND CONDITIONS
Last Revised March 27, 2014
By selecting "I Agree" below and in consideration of Red Clay, LLC evaluating and providing evaluation services for your Design for possible use in or on items you agree to the following Terms and Conditions:
You promise that each and every Design you submit to Red Clay is your own original work, is not and has not been offered for sale anywhere by any means, and does not contain any trademarks, logos, copyrighted material, content subject to right of publicity or privacy, or any other intellectual property belonging to any third party, other than that which has been provided to you by Red Clay. You also agree that you will not use any content provided to you by Red Clay, for any purpose other than to submit Designs incorporating such content to Red Clay.
You acknowledge that Red Clay may decline to select a Design or exclude a Design from consideration, for any reason, at any time, and in its sole discretion. If your Design is selected for sale by Red Clay and its brand partner, at that time you immediately and irrevocably assign to Red Clay and its subsidiaries and affiliates the entire right, title, and interest in and to all intellectual property, ‘moral’ or other rights in your Design, including the right to sue for past infringement and the right to further sublicense the Design. You also license to Red Clay the use of any of your identifying information including your name and image for purposes of promoting the Design. Nothing in these Terms and Conditions obligates Red Clay to promote or sell any Design.
Without limiting the foregoing, Red Clay may, among other things, use the Design and your identifying information in any manner, including but not limited to: reproducing the Design and your identifying information on products, selling products bearing the Design and your identifying information, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design and your identifying information on the Red Clay website and otherwise to promote Red Clay, and registering the Design with the US Copyright Ofﬁce in Red Clay’s or brand partner’s name. You agree to provide Red Clay with any information as may be required in order to register the copyright in the Design if Red Clay so requests, at no additional cost to Red Clay. If your Design is selected, then you may not use the Design (or derivatives of the Design) or allow others to use the Design (or derivatives of the Design) in any manner whatsoever.
Whether or not we select your Design for sale, you may not reproduce, sell, or submit the Design to others for any purpose for 365 days after the submission deadline. During the 365 days after the submission deadline, we may display your Design as a product for sale to assess consumer interest, even if your Design has not been selected as a winner. If Red Clay decides to sell items incorporating your Design, the Design will be deemed to be selected as an winning design, and the corresponding cash prize will be awarded to the Designer. After 365 days from the end of the submission deadline, if Red Clay has not notiﬁed you that it has selected your Design, then you shall be free to use the Design for any purpose.
If your Design is selected for sale by Red Clay, then Red Clay shall pay a cash prize to the Designer based on the terms of each project.
You may not submit any design materials, including, without limitation, photographs and other images, text, graphics, patterns, visuals, and other materials that could infringe any rights of privacy, publicity or copyrights, unless you have the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the materials. Furthermore, you may not submit any materials that may give rise to any civil or criminal liability under applicable law, or expose Red Clay or its affiliates or partners to the threat of the same. We reserve the right to delete, move, edit images, or suspend viewing or printing of materials if, in our sole discretion, we deem any submission abusive, defamatory, or in violation of any intellectual property or privacy laws or otherwise inappropriate or likely to lead to civil or criminal liability.
You represent, warrant and covenant that you own or otherwise possess all necessary rights with respect to the design materials; the design materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; and you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identiﬁable individual who appears in any design materials to use such individual’s likeness, for purposes of using and otherwise exploiting the material in the manner contemplated by these terms and conditions or, if any such identiﬁable individual is under the age of eighteen, you have obtained such written consent, release and/or permission from such individual’s parent or guardian, and you further agree to provide to Red Clay a copy of any such consents, releases and/or permissions upon Red Clay’s request.
Please note that our community members may report design materials that they believe to be inappropriate. Red Clay has the right, but no obligation to remove any design materials in response to user reports or requests. Red Clay is not responsible for, and will have no liability for, the removal or non-removal of any design materials.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Red Clay without restriction.
These Terms and Conditions and all matters relating to it or arising from it – whether sounding in contract law or otherwise – shall be governed by, and shall be construed and enforced pursuant to, the laws of the state of Wisconsin. If any provisions of the Agreement shall be prohibited by or ruled invalid under Wisconsin law, such provisions shall be ineffective only to the extent of such prohibition or invalidity, without affecting the validity or enforceability of the remaining provisions thereof.
No failure or delay on the part of Red Clay in exercising any power or right under these Terms and Conditions shall operate as a waiver, nor shall any single or partial exercise of any such power or right preclude any other exercise of any other power or right.
Any dispute between you and Red Clay shall be decided under Wisconsin law, via binding arbitration in accord with applicable rules of the American Arbitration Association. Any such arbitration demand shall be ﬁled in the state of Wisconsin within one year of the date that any claim may arise.
Your acceptance of these Terms and Conditions creates a binding contract under Wisconsin law.
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