GENERAL PUBLIC is currently accepting artist submissions for paintings. I formed my company, General Public, with a view to bringing good art to more people. As a long-time art lover and collector, I became fascinated with the concept of reproducing paintings using 3-D technology because I believe the artist’s work should be shared by as many people who wish to own it and not just enjoyed by one collector. Unlike the current method of printing, which is merely a flat poster version of a painting, our 3-D prints are almost identical to the original with all the texture and articulation created by the artist. I like to think of the originals like sculpture molds, and that the prints are as valuable as the original painting. Given the time and energy that goes into making paintings, I also believe that there should be more financial upside to each painting for the person who created it, and not just a single sale minus agent’s fees.
Portia de Rossi. CEO/Co-Founder
1. ARTIST DIGITALLY SUBMITS ARTWORK.
General Public is currently open to all mediums of 2-D works of any size and on all substrates. This includes painting, drawing, collage and photography. Please do not submit sculptures or video art. Along with the individual piece/pieces you would like to submit for printing, please provide a link to your gallery’s website, your website or social account where we can see your body of work. This helps with the selection process.
2. GENERAL PUBLIC ACCEPTS PIECE.
If we like your work and are considering it for publication, our art advisor will contact you to discuss our process and answer your questions.
3. ARTIST SENDS ARTWORK.
The piece is then consigned by GP and shipped to us to be reviewed. For reasons of liability, we ask you to ship your work at your cost. We prefer canvases to be sent rolled where possible to make shipping easier and as inexpensive as possible. If the piece is approved for production, our team will reach back out to you with a legal agreement before the work is sent for scanning. If the piece is not approved, it is sent back to the artist at our cost.
4. GENERAL PUBLIC SCANS ARTWORK.
Our scanning technicians uses the highest quality hardware and software to carefully record every detail of each piece. Your work will be handled with exceptional care. We ask for 45 days with the original piece so that we are able to give each piece the necessary time and attention it takes to make a reproduction with the most accurate color and texture possible.
5. GENERAL PUBLIC RETURNS ORIGINAL PIECE TO ARTIST.
After the work is scanned the original piece sent back to you at our cost.
6. ARTIST CAN STILL SELL ORIGINAL.
You are free to sell, show, or do whatever you want with your work with the exception of making prints of the accepted work. Our goal is to give each artist an additional revenue stream outside of the sales of original artwork. The artist receives a royalty in perpetuity for every sale of a print.
7. ARTIST RECEIVES ROYALTY ON EVERY SYNOGRAPH SOLD FOREVER AND EVER AND EVER…
We sell the synographs made from your original work on our website and through our retail partners. Artists receive sales reports and royalty payments quarterly.
Last updated July 10, 2018.
The website located at www.generalpublic.art (the “Site”) is a copyrighted work belonging to and operated by General Public, Inc. (“Company,” “us,” “our,” and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
WE MAY MODIFY THESE TERMS AT ANY TIME, IN OUR DISCRETION, AND MODIFICATIONS ARE EFFECTIVE UPON BEING POSTED ON THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS TO ENSURE THAT YOU ARE AWARE OF ANY CHANGES TO IT BECAUSE YOUR CONTINUED USE OF THE SITE WILL MEAN THAT YOU ACCEPT SUCH CHANGES.
1. SITE CONTENT AND OWNERSHIP
Ownership. All contents of the Site are: © 2018 General Public. All rights reserved. GENERAL PUBLIC®, SYNOGRAPH™, and the GENERAL PUBLIC logo are trademarks of General Public. The Site contains copyrighted material, trademarks, service marks, trade tress, and other proprietary content, including but not limited to all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including but not limited to all information, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (the “Content”), and all Content is owned by the Company, its licensors, or other providers of such materials. For purposes of clarity, the Company owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to the Site and Content. You are not permitted to use the Content without the Company’s prior written consent or the consent of such third party that may own the Content.
Neither these Terms nor your use of the Site transfers to you or any third party any right, title or interest in or to the Site or Content. The Company and its licensors retain all right, title, and interest to the Site and Content. Any rights not expressly granted herein are reserved by the Company. There are no implied licenses granted under these Terms. References to “Site” throughout these Terms includes Content.
2. ACCESS AND USE OF THE SITE
Permitted Use. Subject to these Terms, you may use the Site, provided that: (a) your use of the Site is solely for your personal use or to request further information about the Company or the Company’s products or services; and (b) you fully comply with these Terms in all respects, including the restrictions set forth below.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, enable any timesharing or service bureau use, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
Modification and Reliance. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You assume any and all risk for decisions based on information contained on the Site. The information presented on or through the Site is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof, or for any reliance placed on the Site by you or any other user.
No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.
Use for United States Only. The Company controls and operates the Site from the State of California within the United States. The Company makes no representation that these materials are appropriate or available for use in other locations outside of the United States. If you use the Site from other locations, you are responsible for compliance with applicable United States and any other applicable local laws.
3. USER CONTENT
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. All User Content shall be considered public and non-confidential information. You hereby represent and warrant that your User Content does not violate the restrictions set forth below in these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the restrictions set forth below in these Terms. The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, transferable, perpetual, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sub-licenses of the foregoing rights.
You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You acknowledge and agree that User Content may be displayed on the Site and used by the Company in any of its marketing or business materials, at its sole discretion, and without any duty of compensation to you.
Site and User Content Restrictions. You shall not and shall not permit others to use the Site to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you shall not, and shall not permit others, to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in the Company’s robots.txt file).
Enforcement. The Company reserves the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in the Company’s sole discretion for any reason, including if you violate any restrictions provided herein or any other provision of these Terms or otherwise create liability for the Company or any other person. Such action may include removing or modifying your User Content, and/or reporting you to law enforcement authorities.
Feedback. If you provide the Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to the Company all right, title, and interest in and to such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and nonproprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
4. THIRD-PARTY MATERIALS
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not owned by or under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third-party’s terms and policies apply, including the thirdparty’s privacy and data gathering practices, and the Company encourages you to consult that thirdparty’s terms and policies before providing any personal information and whenever interacting with any website or application.
Third-Party Content. The Site may contain financial information, resources, photographs, text, graphics, pictures, designs, sound, video, information, applications, software (including, without limitation, API software, technology, and platforms), and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Content is not reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Content posted on or available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Content does not imply approval or endorsement thereof by the Company. You acknowledge that by providing you with the ability to access and view Third-Party Content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any or ThirdParty Content.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because the Company does not control User Content, you acknowledge and agree that the Company is not responsible for any User Content, whether provided by you or by others. The Company makes no guarantees regarding the accuracy, completeness, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, the Company is under no obligation to become involved.
5. PLACING ORDERS ON THE SITE
Order Limitations. You may place orders through the Site, subject to these Terms, and any other terms and conditions presented to you in the ordering process. Receiving a web order confirmation via email or an online ordering confirmation does not guarantee the acceptance of an order by the Company. The Company may, in its sole discretion, limit or cancel items or quantities purchased per person, per household or per order. The Company also reserves the right to reject any order you place with the Company. These restrictions may include orders placed by the same credit card, orders that use the same billing and/or shipping address, inaccuracies in product or pricing information, or problems identified regarding your credit card information. The Company also may require additional verifications or information before accepting any order. In the event the Company makes a change to your order, the Company will attempt to notify you by using the contact information you provided at the time the order was placed. The Company reserves the right to limit or prohibit sales to dealers. The Company reserves the right to discontinue the sale of any product listed on the Site at any time without notice. You acknowledge that there may be a period of time after an order has been submitted where the ordered product becomes unavailable. If a product is not in stock or is otherwise unavailable for shipment following completion of the ordering process, you will be contacted to discuss the cancellation of your order under such circumstances; you agree that the Company may cancel your order before or after completion of the order process. Rarely, you may receive a shipping confirmation from the Company, but the product is no longer available. You agree that the Company may rescind acceptance and cancel your order without penalty if the Company is unable to ship the product you ordered due to unavailability. In the event that the Company cancels an order after a shipping confirmation has been sent to you, the Company will refund all fees paid by you for the cancelled products.
Paying for your Order. Prices shown on a product’s information page do not include any credit card or other processing fee, sales tax, or shipping fees, which will be added to your total amount owed at the time of processing. The Site connects you to a third-party site to enable you to pay for your order. Your use of such third-party site is subject to your assent to these Terms herein and any terms or policies provided by the third-party payment processing feature through the Site. The Company is not liable for any errors or incomplete payment processing resulting from your use of the third-party payment processing website. Payment processing information such as billing address or credit card information that is inaccurate or incomplete may result in delays in your order being processed. If you are unwilling to accept and be bound by these Terms, you may not use the payment processing feature on the Site.
Return Policy. The Company reserves the right to refuse any return that occurs more than forty-eight (48) hours from delivery to you. If a return is shipped back within forty-eight (48) hours of delivery to you, then shipping will be free. A returned item must be in the same condition in which it was sold and accompanied by a receipt of purchase. The Company does not accept the return of products that have been damaged in any way.
You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and any information providers, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from: (a) your use of the Site; (b) your violation or alleged violation of these Terms; (c) your violation of applicable laws or regulations; (d) your negligence, gross negligence, or willful misconduct by or on behalf of you or your employees or agents; or (d) your User Content. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to fully cooperate with the Company’s defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Release. You hereby release and forever discharge the Company (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, AND ANY LAW OR SIMILAR EFFECT IN ANY TERRITORY WITH RESPECT TO THE RELEASES GRANTED BY YOU IN THESE TERMS, INCLUDING BUT NOT LIMITED TO THE RELEASE OF UNKNOWN AND UNSUSPECTED CLAIMS GRANTED IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES:
- "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND ITS PROVIDERS AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, RESULTS, SECURITY, OR NON-INFRINGEMENT. THE COMPANY (AND ITS PROVIDERS) MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE, THE COMPANY, INFORMATION FOUND ON THE SITE, PRODUCTS PURCHASED THROUGH THE SITE, SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, AND ANY THIRD PARTY INFORMATION OR MATERIALS (INCLUDING WITHOUT LIMITATION USER CONTENT, THIRD PARTY LINKS & ADS, AND THIRD PARTY CONTENT). THE COMPANY MAKES NO WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OPERATIONAL, OR ERROR-FREE BASIS, OR WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, COMPREHENSIVENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED OR IN CONNECTION WITH THE CONTENT OR SERVICES OF THE SITE.
THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE USE OR TRANSMISSION OF PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH THE SITE OR SERVICES PROVIDED ON THE SITE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE COMPANY FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SITE AND/OR YOUR PURCHASE OF PRODUCTS FROM THE SITE.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, AGENTS, OR ITS SUPPLIERS OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT (INCLUDING WITHOUT LIMITATION THIRD PARTY LINKS & ADS, THIRD PARTY CONTENT, OR ANY THIRD PARTY INFORMATION OR MATERIALS), OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF