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About Me Deviant Artist Member artilueFemale/United States Recent Activity
Deviant for 2 Years
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Statistics 0 Deviations 158 Comments 569 Pageviews

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I was about to start uploading artwork to DA. I decided to read the terms and aggreement. They basically have the right to use your stuff in books etc without you getting paid. Even after you terminate the agreement if they have backups or cache of your work they can still use it..... I copied the important parts so you can also read.As much as I used to love DA I think its time people find a new site that doesn't use people.


3.      License To Use Artist Materials. As and when Artist

Materials are uploaded to the deviantART Site(s), Artist grants to

deviantART a worldwide, royalty-free, non-exclusive license to do

the following things during the Term:


3. b.     to display, copy, reproduce, exhibit, publicly perform,

broadcast, rebroadcast, transmit, retransmit, distribute through

any electronic means (including analog and digital) or other

means, and electronically or otherwise publish any or all of the

Artist Materials, including any part of them, and to include them in

compilations for publication, by any and all means and media now

known or not yet known or invented ;


3.c.      to modify, adapt, change or otherwise alter the Artist

Materials (e.g., change the size) and use the Artist Materials as

described in Section 3(b); and

3.d.     the right to sublicense to any other person or company any

of the licensed rights in the Artist Materials, or any part of them,

subject to the terms and conditions of this Agreement.


3.e.     Artist acknowledges that Artist will not have any right, title,

or interest in any other materials with which Artist Materials may

be combined or into which all or any portion of Artist Materials may

be incorporated.


3.g.     As used in this Agreement, the term "Artist Materials"

means any content uploaded to the deviantART Site(s) which may

include without limitation Artist's name(s) (including professional

names), trademarks, trade names, likenesses, photographs,

biographical materials, audio-visual materials, artwork, liner notes,

and other graphical, textual, video, film or audio materials and any

and all "skins," computer-generated images or other artwork or

images that Artist submits to deviantART in any medium or format

whatsoever.


4. c)      To the extent that the Artist Materials contain the name

(s), group name, photograph and/or likeness(es) and biographical

materials of any other person, Artist hereby grants to deviantART a

worldwide, royalty-free, non-exclusive license to use them in

connection with the distribution, exploitation, promotion, marketing

and advertising of the Artist Materials, as described in this

Agreement, during the Term.


5.   Limitation Of Rights The rights and licenses granted to

deviantART under sections 3 and 4 of this Agreement require

deviantART to obtain Artist consent before deviantART makes any

commercial agreement with anyone else to separately buy,

license, re-sell or re-publish or commercially use any Artist

Materials not in association with deviantART but as an individual

work of art or as a group of works from a single Artist in isolation

from any other works. No additional consent is required for any

other licensed uses under this Agreement of Artist Materials either

as part of the deviantART Site(s) or in connection with the

distribution of content groups from the deviantART Site(s) and/or

for uses of the Artist Materials made at the discretion of a visitor to

the deviantART Site(s) or other users under agreements with

deviantART. deviantART will contact Artist in writing about any

individual commercial uses of Artist Materials instigated by

deviantART.


6.   Payment Unless otherwise agreed between Artist and

deviantART in a writing from deviantART, the license granted to

deviantART under this Agreement is royalty-free.


9.      Indemnity. Artist agrees to defend, indemnify, reimburse and

hold deviantART and its parent, subsidiary and affiliated entities,

and its and their members, managers, officers, directors,

representatives, employees, agents, successors, designees,

licensees, sublicensees and assigns harmless from and against

any and all liability, loss, damages, judgments, costs and

expenses (including reasonable attorney's fees, costs and

expenses and court costs) arising out of or related to:

9.a.      Artist's use of the deviantART Site(s);


9.b.     any breach or alleged breach of Artist's representations and

warranties and/or any breach, alleged breach or violation of the

notices, terms and conditions of this Agreement; and


9.c.     Artist's violation or alleged or threatened violation of any

rights of a third party, including, without limitation, any trademark,

copyright, patent, trade secret, right of privacy or publicity or moral

rights of any third party, arising from the submission and/or use of

Artist Materials as provided in this Agreement


15.f)       Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8,

10, 11, 12, 13, 14 and 15 shall survive any termination of this

Agreement. In addition, any sublicenses granted to third parties for

the display of Artist Materials on electronic or other devices

pursuant to Section 3 shall survive any termination of this

Agreement for such reasonable time as may be necessary to

withdraw Artist Materials from the particular license; any use of

Artist Materials pursuant to Section 3 with respect to the making

of so-called backup copies or caching of deviantART Sites or any

equivalent activity or function for general site maintenance and

protection shall survive any termination of this Agreement; and,

Artist Materials consisting of comments posted to deviantART will

remain as part of the deviantART database and available to all

users of deviantART Sites following termination of this Agreement.

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Comments


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:iconsunfirealvarez:
Thanks for adding me to your watch!
I love your art! :)
Reply
:iconartilue:
Thanks! you as well!Sorry I don't post on da anymore....It just got me down when people didn't view my artwork.
Reply
:iconsunfirealvarez:
Thats okay. I know exactly how you feel. I think it just takes time; you have to let people find you!
Reply
:iconartilue:
My older da accounts I opened back in either 2005 or 2006...lol.but its ok. things are going good now so =)
Reply
(1 Reply)
:iconuncleguts:
Mood: Optimism ~UncleGuts Jul 19, 2009  Hobbyist Traditional Artist
Haha!Now I have an account as well! Whoo hoo!

--
I am a creator of unreality made real.
Check out my music here--->[link]
Reply
:iconstudiobueno:
Nice to see you posting again! Digging the new style.
Reply
Hidden by Owner
:iconsharkluver13:
!sharkluver13 Jun 25, 2009  Hobbyist Digital Artist
Really Neat!
Reply
:iconartilue:
thank you so much!!
Reply
:iconsharkluver13:
!sharkluver13 Jun 25, 2009  Hobbyist Digital Artist
:)
Reply
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