Terms And Conditions

DESIGN SUBMISSION TERMS AND CONDITIONS

1. LET’S AGREE
This is the agreement between you as either an individual artist or as the legal authorized representative of a group and COLE Publishing, Inc, dba Bike EXIF (“Bike EXIF”). By uploading your Idea/Design, you are affirming that you understand and agree to the following terms and conditions, which serve as a contract between you and Bike EXIF.

2. LET’S KEEP AGREEING
The term of this agreement starts on the date that submitted work (“Your Design”) is initially uploaded to the Bike EXIF website(s) and continues until either you or Bike EXIF terminates this Agreement in writing. You may revoke your license in writing at any time subject to two limitations: You may not revoke your license for 60 days from the date of submission, nor may you revoke your license after you have been notified that Your Design will be used. After Your Design has been selected for use you may not use nor allow third parties to use Your Design for sale on apparel or garments, or posters or stickers for a period of 365 days from the last date of sale by Bike EXIF.

3. YOUR WORK IS YOURS
You MAY NOT submit an Idea/Design that contains ideas or material that you do not have the legal right to use, including copyrighted images and other people’s designs. This also includes imagery generated with AI tools. You agree to bear full liability should you submit an Idea/Design that is not yours and it gets printed, including financial responsibility for any costs incurred protecting Bike EXIF as a result of your actions. These may include printing fees, Bike EXIF’s legal fees, advertising costs, etc. All rights and title to Your Design not expressly granted to Bike EXIF hereunder are reserved by you, the Artist.

4. YOUR WORK IS NOT SUBMITTED ELSEWHERE
When you submit an Idea/Design to Bike EXIF we require that it not be in the current running of any other apparel contest websites and not currently being sold anywhere else on apparel.

5. WE WILL CHECK OUT YOUR WORK
We reserve the right to reject any Ideas/Designs if we suspect any of our contest rules are being broken. Bike EXIF reserves the right to reject any submission that it deems in its sole discretion to be offensive or inappropriate.

6. WE MAY USE YOUR WORK, WE MAY NOT
Your Design will be considered for printing for sixty (60) days from the day you submit it to us. If Your Design is not selected within 60 days, you retain the rights to the artwork and are welcome to then submit it to other locations or print it yourself. Submissions to Bike EXIF are reviewed on a weekly basis.

If Bike EXIF selects Your Design for sale on garments on the Bike EXIF website, you will be notified via the e-mail you provided during submission.

By choosing Your Design, Bike EXIF makes no guarantee of any volume of sales nor does it constitute a promise that Your Design will, in fact, be sold. Bike EXIF reserves the right to reverse the decision to use Your Design for any or no reason at all. After Your Design has been selected for printing you may not use nor allow third parties to use Your Design for sale on apparel or garments, or as a sticker or poster for a period of 365 days from the last date of sale by Bike EXIF.

Once the 60 days have passed, if Your Design is not chosen for print by Bike EXIF, you are free to use Your Idea for any commercial or non-commercial purpose. However if Your Design is used elsewhere, you must notify Bike EXIF by an email to designs@BikeEXIF.com listing where and when Your Design will be used, so that it can be removed from the Bike EXIF website and future consideration. Bike EXIF reserves the right to choose Your Design after the 60 days have passed, on the condition that the Design has not been used for commercial purposes elsewhere.

7. WE GET TO USE IT, THANK YOU!
Once Your Design is uploaded, you grant Bike EXIF world-wide rights to use the Design for commercial purposes, including printing and selling of t-shirts, other apparel, posters and stickers for the duration of this Agreement, as well as using it for marketing and promotional purposes (e.g., to display, reproduce, exhibit, broadcast, transmit, distribute through any electronic means or other means, and electronically or otherwise publish by any and all means and media, including the right to use any part of Your Design in the promotion, advertising or marketing of the Bike EXIF websites) in perpetuity.

8. YOU GET FREE STUFF
In the event that Your Design is chosen and featured on the Bike EXIF website, Your Design will be for sale on garments and potentially other items for at least 60 days. However, Bike EXIF reserves the right to remove Your Design, without your prior consent or knowledge, if Bike EXIF is notified that Your Design infringes on a third party’s copyright. In the event that this occurs, artist payment will differ and may be forfeited.

If Your Design is sold on the Bike EXIF website, you will be entitled to one (1) free copy of the design on a tee shirt in your preferred size as well as $200 in credit for future shirt designs of your choice (in the form of a Bike EXIF $200 gift code/certificate). If Your Design is a top seller, you will receive an additional $500 credit for the Bike Exif store.

9. WE MAY HAVE TO MAKE CHANGES
We may have to make changes to Your Design to be able to print it onto a t-shirt.

Bike EXIF maintains the rights to modify, adapt, change or otherwise alter Your Idea as deemed necessary for production. Any resulting work product shall be fully owned by Bike EXIF unless rights are explicitly granted to the artist partner.

10. I AM WHO I SAY I AM
You represent and warrant that:

You have the full right and power to enter into and perform this Agreement and to grant Bike EXIF all rights to use Your Design as contemplated in this Agreement.

You have obtained all necessary third-party consents, rights, licenses and permissions, if any, required to enter into and perform this Agreement and to grant Bike EXIF the rights to use Your Design set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in Your Design).

Your Design (and Bike EXIF’s use of it under this Agreement) does not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party.

All information that you have provided or will provide to Bike EXIF is true and complete.

Your Design does not and will not violate any law, statute, ordinance or regulation.

If you or any member of your group is a minor, your hereby warrants that you have the legal right to execute this Agreement on behalf of the minor artist and guarantee such person’s performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.

11. SHIT HAPPENS, WHAT IF IT DOES?
You acknowledge and agree that the operation of the Bike EXIF website(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Bike EXIF will not be responsible to you or others for any interruptions, errors or problems or even for an outright discontinuance of the Bike EXIF service.

There are no assurances whatsoever that Your Design or elements of Your Design will actually be used on the Bike EXIF website or if used will continue to be available for any particular time. Bike EXIF has the right, in Bike EXIF’s sole and absolute discretion, to remove from the Bike EXIF website(s) at any time the Your Design or any part of them. The Bike EXIF website may be discontinued at any time, with or without reason and all Your Designs sent to Bike EXIF or Representative may be removed and unavailable for recovery by any means. You and only you are responsible for maintaining at your expense and in facilities owned or controlled only by you any and all original or so-called back-up copies of all or any part of Your Design.

12. YOU CAN’T SUE US
You agree to defend, indemnify, reimburse and hold Bike EXIF 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:

Your use of the Bike EXIF website(s); any breach or alleged breach of your representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; Your 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 Your Design to Bike EXIF as provided in this Agreement.

13. IF SOMEONE ELSE RIPS YOU OFF, IT’S NOT OUR FAULT, SO GO AFTER THEM
Bike EXIF DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST DESIGNS MADE AVAILABLE ON THE Bike EXIF WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST DESIGNS BY A THIRD-PARTY, AND NOT FROM Bike EXIF. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST DESIGNS FROM Bike EXIF (WHETHER OR NOT WITH Bike EXIF’S PERMISSION), AND USES THOSE DESIGNS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM Bike EXIF, AND THAT ARTIST WILL NOT HOLD Bike EXIF RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.

14. YOU CAN’T USE BIKE EXIF, EVEN THOUGH WE USED YOUR DESIGN
Bike EXIF, the Bike EXIF logos and mascots, and the layout and design of the Bike EXIF website(s), among other marks that may appear on the Bike EXIF website(s) are trademarks of Bike EXIF. (the “Bike EXIF Marks”). Other trademarks and service marks on the Bike EXIF web(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the Bike EXIF Marks without Bike EXIF’s prior written permission, and Artist may not use any third-party marks without the third party’s prior written permission.

15. WE AGREE TO AGREE
This Agreement sets forth the entire understanding and agreement of Artist and Bike EXIF as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.

16. WE CAN CHANGE OUR MIND, ANY TIME, FOR PRETTY MUCH ANY REASON
Bike EXIF reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Bike EXIF will notify Artist of any material changes to this Agreement by sending an email to the address listed in Artist’s account. If Artist continues to upload Your Design after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Your Design. If Artist does not accept the new terms of the Agreement, Artist’s only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties’ intent to amend this Agreement. BEFORE CLICKING “I AGREE”, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING “I AGREE”, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT WITH RESPECT TO THE WORK YOU ARE CURRENTLY SUBMITTING AS WELL AS WITH RESPECT TO WORK YOU HAVE SUBMITTED IN THE PAST AND MAY SUBMIT IN THE FUTURE.