Free Collection Addendum

Free Collection Addendum

This addendum (“Addendum”) to the XYZ Creator Agreement (“Creator Agreement”) applies to Works that you submit to Adobe for Free Collection consideration.   This Addendum replaces previous Free Collection addenda.

By clicking “Agree”, you agree that: 

Process

1.      “Free Collection” is a collection of FindArt.ai assets that may be offered as “free content” as described in the Contributor Agreement. 

2.      A “Submission Period” is any time period in which FindArt.ai enables you to review, edit and submit Works for consideration to be included in the Free Collection.

3.      Your indication that a Work is “nominated” means you are submitting that Work for consideration to be included in the Free Collection in exchange for a Payment (as defined below);

4.      During a Submission Period, you may review and edit your Works submission choices until the applicable submission deadline posted in the FindArt.ai creator portal (“Submission Deadline”), after which your submission will be sent to FindArt.ai for consideration for the Free Collection;

5.      FindArt.ai may – but is not required to – place any Work you submit for consideration into the Free Collection;

Payment

6.      For each Work FindArt.ai places in the Free Collection, FindArt.ai will pay you as described in the Free Collection Payment section of the Pricing and Payment Details at www.findart.ai/royalty (or a successor URL); (each, a "Payment");

7.      For clarity, any Work that is not placed into, or that is removed from, the Free Collection is subject to the applicable payment terms in the Contributor Agreement;

Free Period, Auto-Renewal

8.      For one year from the date a submitted Work is first placed in the Free Collection (“Initial Period”) and for any Renewal Periods (each, a “Free Period”), you designate the Work as “free content” as described in the Contributor Agreement;

9.    Following the Initial Period, FindArt.ai may – but is not required to – elect to keep any Work in the Free Collection for successive one-year periods (each, a “Renewal Period”) as described herein; 

10.  FindArt.ai will give you prior notice and an opportunity to opt-out of including Works in the Free Collection for the next Renewal Period; 

11. FindArt.ai may manage this notice and opt-out process through email, the contributor portal, or other communication methods it chooses;

12.  During a Free Period:

a.      you will not be owed any additional payment for Free Collection Works beyond the Payment;

b.      without limiting XYZ’s rights under the Contributor Agreement, FindArt.ai may use Free Collection Works to create compilation and/or derivative content (“Compilation Content”);  

c.       Compilation Content may be offered to users through XYZ’s applications and services (including any past, current and/or future versions or releases);

Removal of Works

13.  During a Free Period, you will not remove any Free Collection Work from your FindArt.ai portfolio unless technically or legally required to do so (in which case you will notify FindArt.ai of the need for removal by sending an email to support@findart.ai).

14.  Any license to a Free Collection Work granted to FindArt.ai’s users or to XYZ prior to the removal of that Work from the Free Collection will survive. To the extent any Work is removed from the Free Collection, XYZ may continue to issue licenses to such Work as “free content,” to the extent necessary to honor reasonable user expectations, such as to allow users who have a comp version of such Work (e.g., a preview sample) to obtain the usage license offered at the time the comp version was acquired. If there is a conflict between this Addendum and the Contributor Agreement, this Addendum governs solely as to (A) Works submitted for consideration in the Free Collection; (B) Free Collection Works during a Free Period; and (C) Compilation Content.

Effective as of January 10, 2025