Artist Terms of Use

  1. ACCEPTANCE OF TERMS OF USE. This is the artist terms of use of http://www.peekarts.com or any subsequent URL which may replace it (“Website”) and your creation of an account in the Website shall be deemed as acceptance of this artist terms of use and personal data protection notice of the Website. If for any reason you do not agree with or cannot abide by these terms of use and personal data protection notice, please exit this website immediately and delete all accounts that you have registered with the Website.

  2. ARTIST ACCOUNT. You must open an account with the Website if you wish to sell your pictures, photographs and/or artwork (“Images”) through the Website. Save and except for your log-in password, all other details including but not limited to your username/name and Images that you provide and/or upload to the Website may be disclosed on the Website and the public may be able to access such details and/or Images. If you do not agree to this artist terms of use you may close your account at any time and we shall as soon as practicable remove your details and uploaded Images from the Website. However, we shall not be liable if your details and/or uploaded Images are still temporarily available due to faulty system, cache and/or archiving from us and/or third party. In any event, we may close your account at any time for whatever reason. 

  3. IMAGES. By you uploading Images to the Website, you are granting to us a non-exclusive worldwide right to license, sub-license, sell, reproduce, copy, display and/or market your Images. By you uploading Images to the Website, you are also agreeing to sell the Images in a printed form wherein you are granting a license to the buyers to use the printed copy of the Images for personal and commercial use, including resale and/or advertising/promotional work but the buyer will be prohibited from reproduction of the Images without our permission. We reserve the rights to impose a watermark of the Website on the Images that you upload but the watermark shall be removed when the Images is printed for sale. Where applicable, we may compensate you with a sum as agreed between yourself and us. We have the sole and absolute discretion to accept, refuse and/or remove Images from the Website for any reason whatsoever. By uploading the Images to the Website, you are hereby declaring that you are the copyright owner of the Images that you upload to the Website. You shall continue to remain the copyright owner of the Images that you have uploaded to the Website and nothing herein shall be deemed as transfer of any copyright to us. In the event that your declaration herein is found to be untrue, you shall indemnify us, our affiliates, subsidiaries, services providers (including but not limited to the printing company), partners, employees, agents and services in respect of any losses and damages of any kind, including but not limited to any direct, indirect, special, incidental, consequential and exemplary damages arising out of or in connection with your upload of the Images to the Website. 

    Notwithstanding our sole and absolute discretion to accept, refuse and/or remove Images from the Website, you are prohibited from uploading pornographic and/or extreme violence and/or offensive and/or defamatory Images. We shall have the sole and absolute discretion to decide whether or not the Images uploaded is deemed to be pornographic and/or of extreme violence in nature and/or offensive and/or defamatory. 

  4. FEES. You shall have the full discretion to set your own profit for each copy of Images sold from the Website. Notwithstanding above, we shall have the discretion to set a price which may be higher than the profit that you have set for the Images to cover our cost and expenses (such as printing cost, purchase of picture frames and other miscellaneous cost incurred in the normal course of trade). In the event that we deem it appropriate to set a price that is higher than the profit that you have set, the difference between the profit that you have set and the price that we set shall belong solely to us. When a sale is made through the Website, we shall credit your account with the profit that you have set PROVIDED THAT you have given us your bank account/PayPal details. In the event that you have provided us with incorrect bank account/Paypal details we shall not be held responsible if payment is made to such incorrect account. In the event that you did not provide us with your bank account/PayPal details within 9 months from the date you are eligible for any payment, you hereby agree that we are entitled to forfeit such payment and we shall not be liable to reimburse you for such forfeited payment. Subject to cancellation and/or refund of products printed based on your Images, we shall send your payment to you on the 15th day of the next calendar month. In the event of cancellation and/or refund of products printed based on your Images due to no fault on our part, we shall have the sole and absolute discretion to debit your account if the amount have been credited to your account. Alternatively, we shall have the sole and absolute discretion to not debit your account but instead keep, refurbish and/or resell the product printed based on your Images. In such circumstances, you shall not be entitled to compensation and/or fees when the product is being sold after it is refurbished. You further give up your rights on the printed product based on your Images. 

  5. WARRANTY AND REPRESENTATION. You warrant and represent that (i) you have full power and authority to enter into and agree with this Artist Terms of Use; (ii) the Images uploaded are owned and/or controlled by you; (iii) you are the rightful copyright owner of the Images uploaded from your account; (iv) your upload of Images is not in breach of any intellectual property laws, including but not limited to copyright, trade mark, design and common law passing off; and (v) your uploaded of Images is not defamatory, of extreme violence, pornographic and/or offensive. In the event that any of the warranty and representation provided above is untrue or subsequently found to be untrue, we may have the sole and absolute discretion to terminate your account with us and you shall not be entitled to any outstanding fees and/compensation owing from us to you.

  6. LIABILITY AND INDEMNITY. To the fullest extent permitted by law, we shall not be liable and you shall release, hold harmless and shall indemnify us, our affiliates, subsidiaries, service providers (including but not limited to the printing company), partners, employees, agents and servants in respect of any losses and damages of any kind, including but not limited to any direct, indirect, special, incidental, consequential and exemplary damages arising out of or in connection with your upload of Images to the Website.

  7. GOVERNING LAW. By creating an account with us on the Website, you hereby agree to be subjected to the law and exclusive jurisdiction of courts in Malaysia.

  8. SURVIVAL. All your obligations, representations, warranties and indemnification shall remain in effect even after termination of your account with us on the Website.

  9. RELATIONSHIP & TAX OBLIGATIONS. Nothing in this Artist Term of Use shall be treated as you having a partnership and/or employer-employee relationship with us. For the avoidance of doubt, you shall be deemed to be our independent contractor. We are therefore not responsible for any tax obligations that you may have based on profits that you make from the Website.

  10. MODIFICATION. We reserve the rights to modify and/or update the terms of use from time to time by uploading the updated terms of use to the Website and emailing a copy of the same to your last known email address and it shall take immediate effect