Terms of Service and
Artist Supplier Agreement

Sign Concepts, LLC DBA AXEWRAPS maintains a website site, (“Website”), to which invited content providers (“Artist Supplier”) can upload image files for the purpose of allowing AXEWRAPS to act as agent for licensing image rights to other users. By registering with AXEWRAPS, Artist agrees to the following:

1. Consent.
You must be at least 18 years of age to register with AXEWRAPS to provide content. AXEWRAPS may require that the registrant provide sufficient proof that are at least 18 years of age. Minors can access only by having their parent or legal guardian register on their behalf. In the engagement of this agreement, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement. AXEWRAPS may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.

2. Uploading Content and Rights for Photographers
Artist must review uploading content instructions thoroughly and strictly adhere to the guidelines specified. If content fails to meets guideline specifications, content will most likely not be used by AXEWRAPS. By uploading content, Artist supplier agrees to give AXEWRAPS irrevocable nonexclusive royalty-free rights to use the content for any purpose including publication, display, modification, and creation of derivative works primarily related to the production of vinyl appliqués. Once submitted to the Art Approval Queue, Artist may not remove photos from site until after they have been posted for 90 days, regardless of whether the Artist chooses to terminate their account. Uploading content does not necessarily guarantee that content will be used as a design option as offered on AXEWRAPS reserves the right to remove any content from the Art Approval Queue for any reason AXEWRAPS deems necessary.
3. Compensation.
AXEWRAPS will pay Artist 2% of the retail price of the axewrap per design purchased as a vinyl appliqué by customers of A tally will be generated quarterly to determine artist royalty totals and corresponding compensation shall be disbursed to Artist by check and mailed to address supplied by Artist.

4. Copyright.
The copyright of all content uploaded by Artist is retained by Artist. Artist may not upload content to which they do not own the copyrights.

5. Artist Warranties and Responsibilities.
(a) Registration. Artist warrants that he or she has provided AXEWRAPS with accurate, complete, and updated registration information while registering and agrees to correct and update that information to ensure its accuracy and completeness at all times.
(b) Account Responsibility. All Artists who register online for AXEWRAPS will receive a password and a master account ("Master Account"). Artist is entirely responsible for any and all activities conducted through his or her Master Account and any Artist-names associated with that Master Account. Artist may permit another individual to use the Master Account subject to Artist’s supervision and assumption of all resulting liabilities. Artist agrees to notify AXEWRAPS immediately of any unauthorized use of Artist’s password or accounts as well as of any other breach of security.
(c) Artist Names. Upon your registration as an Artist of AXEWRAPS, you may be asked to choose an Artist name to identify yourself to other Artists and AXEWRAPS staff. You may not select or use an Artist name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which AXEWRAPS deems in its discretion to be vulgar or otherwise offensive. AXEWRAPS reserves the right to delete any vulgar or otherwise offensive Artist name, or to require deletion thereof.
(d) Former Artists. Artists whose accounts have been terminated by AXEWRAPS may not access AXEWRAPS in any manner or for any reason without the express written permission of AXEWRAPS. Active Artists may not knowingly allow former Artists who have been terminated to use the active Artists' accounts.
(e) By uploading content of any image files, Artist warrants that he or she is the owner of the copyright thereto.
(f) By uploading content, Artist warrants that the content does not depict subject matter in a manner that violates any laws.
(g) By uploading content, Artist warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
(h) By uploading a model release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, Artist warrants that the information is complete and accurate and adheres to the specifications and guidelines as specified in the content uploading instructions.
6. Indemnification
Artist shall indemnify, defend and hold harmless AXEWRAPS, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. AXEWRAPS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Artist’s indemnity obligations.

7. Control of Operations
(a) AXEWRAPS, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of others
(b) Artist Privacy.
AXEWRAPS may access and disclose any information about Artist, Artist’s accounts, or any content Artist provide to the Website if AXEWRAPS believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its Artists, or users.
(c) AXEWRAPS reserves the right, but does not assume the responsibility, to restrict conduct which AXEWRAPS deems in its discretion to be harmful to individual Artists, damaging to the communities that use AXEWRAPS, or in violation of AXEWRAPS's or any third party's rights.

8. Disclaimers
(a) AXEWRAPS expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
(b) AXEWRAPS, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through AXEWRAPS. From time to time the porting of particular content may not be feasible and AXEWRAPS may remove any such content from the Website without any liability to Artist. Artist is responsible for assessing its own computer and transmission network needs, and the results to be obtained there from.
(c) AXEWRAPS assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from AXEWRAPS.
(d) AXEWRAPS makes no warranty that service will be uninterrupted, timely, secure, or error free. AXEWRAPS makes no warranty as to the use or the results that may be obtained from the use of AXEWRAPS.
(e) AXEWRAPS makes no warranty with respect to any related software or hardware used or provided by AXEWRAPS in connection with AXEWRAPS. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.

9. Limitation of Liability
Artist acknowledges that AXEWRAPS shall not assume or have any liability for any action by AXEWRAPS or its affiliates and customers with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, AXEWRAPS shall not be liable to Artist for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if AXEWRAPS has been advised of the possibility of such damages, in connection with AXEWRAPS or with any other product or service provided by AXEWRAPS, or resulting from the use of or the inability to use the Website or any transaction entered into through or from AXEWRAPS, or from unauthorized access to or alteration of your transmissions, data, or account. Artist specifically agrees that AXEWRAPS is not responsible or liable to Artist or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy. AXEWRAPS's liability to you for breach of this agreement is limited solely to $10.

10. Termination
Either you or AXEWRAPS may terminate your account with AXEWRAPS at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of AXEWRAPS in operating AXEWRAPS, (ii) content available through AXEWRAPS or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with AXEWRAPS by notifying AXEWRAPS Artist Support of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by AXEWRAPS, or upon receipt of confirmation if confirmation is requested. As noted above in Section 2. "Uploading Content and Rights", any art or design that have been approved and posted on AXEWRAPS for less than 90 days must first meet the 90 day eligibility requirement before they can be removed, regardless of whether Artist chooses to terminate their account.

12. Impermissible Conduct
Artist may not upload content which is unlawful and agrees to use AXEWRAPS only for lawful purposes. Artist may not post to or use AXEWRAPS to transmit sexually explicit images or other content which is deemed by AXEWRAPS to be generally offensive to the public or harmful to minors. Any conduct by Artist that in AXEWRAPS' sole discretion restricts or inhibits any other Artist, person or entity from using or enjoying AXEWRAPS or another service will not be permitted and shall entitle AXEWRAPS to immediately terminate the Artist’s account without notice.

13. Severability.
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
14. Arbitration
A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Portland, Maine pursuant to the rules of the Arbitration Act (Maine) in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of Maine, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the State of Maine. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

15. Legal Fees and Jurisdiction
If AXEWRAPS is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse AXEWRAPS for its legal fees, costs and disbursements if AXEWRAPS is successful. You agree that the Courts of the State of Maine are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

16. Entire Agreement
This Agreement comprises the entire agreement between AXEWRAPS and Artist, and supersedes any prior agreements. AXEWRAPS reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your account as provided in Section 10. Your continued use of AXEWRAPS following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.

Questions? Please contact Customer Service here.