MINTY GENERAL COMMERCIAL CONDITIONS

1. General provisions

I. Definitions

  1. Owl Agency, s. r. o., together with its affiliates, subsidiaries, divisions, officers, employees and agents are collectively referred to herein as “Minty” 
  2. Client” shall refer to any person, entity or organization that enters into a Licence Agreement.
  3. Illustrator” is the person who create and sell an illustration
  4. Illustration“ the artwork or illustration or picture created by the Illustrator.
  5. Custom-made illustrations” is the illustration made based on the order of the Client
  6. Partner organisation” is the organisation that has the right due to contract with Minty to upload and sell the picture (licence) in our portal.

2. General Conditions for the Illustrator

I. Upload illustration

  1. The Illustrator must have a user account created at portal mintystock.com.
  2. The Illustrator uploads Illustration in accordance with the instructions on portal mintystock.com.
    1. Illustrations already created directly on mintystock.com. Uploaded Illustration must meet the technical parameters and ethical requirements defined in this Minty General commercial conditions (hereover as “Minty GCC”).
    2. creates an illustration based on the Minty Client request, which is then directly uploaded to mintystock.com. Illustrator undertakes to inform Minty about the fact, that he started making the Illustration on order.
  3. Each uploaded Illustration must meet the technical parameters and ethical requirements defined in Minty GCC.
  4. After uploading the Illustration to mintystock.com., Minty reserves the right to check it, and if fit is inconsistent with Agreement between Illustrator and Minty or the requirements specified in Minty GCC, Minty is entitled to remove it from the website. In the event of damage, Minty is entitled to full amount of compensation against Illustrator.
  5. After uploading the Illustration to portal mintystock.com., Minty is entitled to handle the Illustration in accordance to relationship with Illustrator and Minty GCC.
  6. Minty may delete the Illustration if it does not comply with the terms of the relationship with Illustrator or Minty GCC. In that case, Illustrator is not entitled to a reward/remuneration.
  7. The Illustrator may delete the uploaded Illustration only after consent of Minty.

II. Right and duty

  1. Illustrator shall provide the Illustration to Minty by uploading it in accordance with instructions set out on mintystock.com. Before uploading, it is necessary for Illustrator to set up Illustrator own account on mintystock.com.
    1. When uploading Illustrator shall adhere to the following rules:
    2. the uploaded material must be a digitalized illustration, collage, micro animation or CGI illustration of photographic quality;
    3. the Illustration must not contain any content that is unlawful, harmful, vulgar, abusive, porno-graphic, defamatory, inducing criminal or other illegal activity, supporting any kind of intolerance or infringing the rights of third parties;

    4. if the Illustrations contain protected content and the consent for its use in the Illustration is required, Illustrator must obtain such consent prior to uploading the Illustrations and such consent must be granted in the extent allowing the use of Illustrations under relationship between Minty and Illustrator and this Minty GCC;
    5. the Illustrations must not be an advertisement or spam;

    6. the Illustrations must not contain any technically harmful content such as malware, viruses, or other content which may affect the safety and performance of mintystock.com;

    7. the Illustration must not violate patents, trademarks and other protected designations, the trade secret and other intellectual property rights;
    8. Illustrator must not use an identity of the third party;
    9. the Illustration must not contain any mechanism which will, after uploading, disable or restrict its use by Minty or clients, or which enables such disabling or restriction;

    10. the Illustrations must be exclusive, i.e., Illustrator may not sell or offer them in any way other than through mintystock.com. This obligation shall by no means restrict Illustrator to publish the illustration on personal portfolio website or other websites meant to showcase Illustrator’s portfolio, provided:
    11. Illustrator would not, in any way, license the illustration or grant any rights to it to third parties,
    12. Illustrator would not enable third parties to download the illustration in the quality higher than 72 Dpi and in the size equal or larger than the one in which Illustrator provided the illustration to Minty, and
    13. Illustrator have embedded into the Illustration a link to mintystock.com.

  2. By uploading the illustration Illustrator represent and warrant that the rules referred to in this Minty GCC and in the Agreement between Minty and Illustrator are met and that he has the legal right to dispose of an Illustration in the extent allowing its use in manners agreed upon in this Minty GCC.
  3. After the illustration is uploaded, Minty may check whether it meets the conditions under this Minty GCC or set out on mintystock.com. Not with standing, Minty is entitled not to publish on or withdraw from mintystock.com any Illustration, especially if it violates the rules. Illustrator cannot therefore rely on the fact that all illustrations are actually made available to clients.

  4. However, the rights of Minty are not its obligations. This means that those rights or their use by Minty does not relieve Illustrator of any obligation to ensure compliance with the terms of this Minty GCC and Agreement between Illustrator and Minty, or of responsibility for their failure. Making the Illustration available to clients by Minty shall not, under any circumstances, imply that Minty has approved such Illustration or that they meet conditions under this Minty GCC; Minty assumes no responsibility for compliance with the rules regarding the Illustrations and for their characteristics.
  5. Minty shall be entitled to assign to Illustrator ‘s Illustrations with his name that he provided it with and to identify him as the author of the work. Minty shall not be responsible for the falsity of Illustrator ‘s name or authorship.


III. Managing Illustration after Uploading on mintystock.com


  1. After uploading the Illustration, Minty shall be entitled to change the size of it, but always by keeping the aspect ratio of the Illustration. Minty shall be entitled to create multiple sizes of the Illustrations to be made available for sale to Clients.
  2. Minty shall be further entitled to include the Illustration along with other Illustrations (also from other Illustrators) to a collection designated, as a whole, for sale to Clients.
  3. Minty shall be also entitled to include the Illustration into the marketing campaign and to set its price; within such campaign the Illustration can be provided to Clients free of charge.
  4. Minty will allow Clients to purchase the Illustration on mintystock.com by enabling them
    1. to download it, or
    2. to download an embedded link, or
    3. to purchase it in other way set out on mintystock.com; In case of the embedded link under above, an advertisement for Minty or third parties may be included in the Illustration. The Illustration’s selling price shall be determined and may be changed, also repeatedly, at the discretion of Minty. If Illustrator does not agree with the determined price, he may delete the Illustration from his account; however, until the Illustration is deleted, the price as determined by Minty shall be considered valid.

  5. Minty shall be entitled to retain the Illustration and make it available,
    1. if required by law,
    2. if necessary for the enforcement of obligations under this Agreement, or
    3. to resolve disputes with third parties regarding their rights to the illustration, or
    4. if necessary for protection of the rights, property or safety of Minty, Clients or the public.


IV. Granting a licence to Minty

  1. By this Agreement Illustrator grants Minty the exclusive and worldwide right to sell, license and sublicense to third parties, under the terms set out in this Agreement, the Illustrations provided by Illustrator, and to collect funds in connection with those endeavours. For any Illustrations, Illustrator grants Minty, the exclusive and worldwide right:

    1. to market the Illustration, which right entitles Minty particularly to distribute, publicly transmit, publicly display, copy, create reproductions, publish (make available to public), produce and use prints and similar Illustration products, upload, post, broadcast, alter, create derivative works of, and merge Illustration with other work, with the aim to present it to Clients;

    2. to grant a perpetual, worldwide, non-exclusive licenses and sub-licenses to third parties, including on the royalty-free basis (i.e., non-exclusively and with no recurring usage fees) for a non-exclusive use of Illustrations, during unlimited time, by all methods known at the time of granting, including the permit to merge the Illustration, either altered or not, with other works, and use of such resulting work. Minty is entitled to determine the terms of such licenses and sub-licenses; however, it must prohibit the unlawful use of illustrations;

    3. to use the Illustration in the manners under (4.1.1) above for its own business purposes related to promoting mintystock.com. That includes not just its publishing on mintystock.com, but also any other ways of promotion (e.g., internet advertisement, promotional brochure);

    4. to grant a perpetual, worldwide, non-exclusive licenses and sub-licenses to third parties, including on the royalty-free basis, (i.e., non-exclusively and with no recurring usage fees) for a non-exclusive use of Illustrations, during unlimited time, by all methods known at the time of granting, including the permit to merge the Illustration, either altered or not, with other works, and use of such resulting work. Minty is entitled to determine the terms of such licenses and sub-licenses, however it must prohibit the unlawful use of Illustrations,
    5. to use the Illustration in the manners under a) above for its own business purposes related to promoting mintystock.com. That includes not just its publishing on mintystock.com, but also any other ways of promotion (e.g., internet advertisement, promotional brochure)
    6. to dispose of the Illustration in other ways agreed upon in this Minty GCC, e.g., in part 3.

    7. The rights set out in clause (4.1.) shall apply to parts of the illustration as well.


V. Compensation/remuneration


  1. Mintys shall pay the Illustrator compensation in accordance with separate contract/agreement between Illustrator and Mintystock.


VI. General Law/Arbitration.

  1. The relationship between Illustrator and Minty sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties and shall be governed, interpreted and enforced in accordance with the laws of the Slovak Republic.
  2. Any claim or litigation arising out of this relationship or its performance may be commenced only in courts physically located in Slovak Republic, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this relationship, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.

General conditions for the Client

I. Minty Royalty-free licence

  1. The Minty Royalty-free licence (further as “MRF”) is worldwide, non-exclusive and non-transferable.
  2. Range of the MRF is:
    1. One time use - Client can use the Illustration just once
    2. Unlimited use - buy once, use forever. If the Client is purchasing Illustration on behalf of other authority (employer, client), you can’t use the same artwork on behalf of other.
  3. The MRF license enters into force after the Illustrator purchase.
  4. The MRF licence does allow to:
    1. use the Illustration for personal or commercial use,
    2. use the Illustration for yourself or on behalf of a Client,
    3. use the Illustration on its own, or as part of a new work. When used as part of a new work, there’s no limit to the number of copies of the new work that can be distributed so long as the copies or product are not offered for sale,
    4. crop the Illustration,
    5. resize the Illustration,
    6. add copy on top of the Illustration,
    7. convert the Illustration into black and white version.
  5. The MRF license does not allow to:
    1. make cut outs from the Illustration,
    2. re-sell materials using our Illustration in a product offered for sale where the item contributes to the core value of the product being sold (tees, bags, postcards.) unless re-sell licence has been purchased,
    3. use any Illustration (in whole or in part) as a trademark, service mark, logo, or other indication of origin,
    4. make Illustration available or use the Illustration in a digital format so that the Illustration can be reused by multiple users,
    5. make derivative Illustration, or change the colour unless converting to black and white,
    6. sublicense, resell, share or transfer the Illustration or otherwise redistribute on its own (even for free),
    7. use any of Illustration together with pornographic, defamatory, or otherwise unlawful or immoral content that promotes hatred or violence towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or gender,
    8. give the false expression that any Illustration is created by Illustrator or a person other than the copyright holder(s) of such Illustration,
    9. use the Illustration if Client fails to make a payment to us when it is due or if a credit card charge is refused or charged back. Illustrator ‘s right to use any Illustrator that he has downloaded but not yet paid for will terminate unless all payments are received
  6. Minty may terminate clients account without further notice if he breaches any of the terms of this Minty GCC or violate any law or regulation in relation to his use of the Illustration.

II. Money back Guaranteed by the order to create Illustration

  1. The Client has the form Minty money back Guarantee due to this rule:
    1. 100% money back when project is abandoned before the delivery of the first sketch,
    2. 75% when project is abandoned after the delivery of the first sketch,
    3. 50% when project is abandoned after first feedback was incorporated,
    4. 5% in case you decide not to use finalised artwork.
  2. If the Illustrator does not cooperate with the Client the Minty will give back the 100 % of the paid money.
  3. The Minty never gives back the administration fee.

III. Rights between Client and Minty

  1. The Client agree that Minty is an independent contractor, and that neither Illustrators, nor Minty employees or contract personnel are, or shall be deemed to be, employees of Client. All rights granted to Client are contractual in nature and are expressly defined by the Agreement with Minty and this Minty GCC.
  2. If Client licenses Illustration on behalf of other authority (employer, client), this authority acquires the license to the Illustration under this Agreement. If Client licenses Illustration on behalf of other authority, Client certifies that Client has the full authority to do so. In case Client does not have such authority, Client will be personally liable for any breach of the terms. Client muss obtain separate licenses for each individual partner or customer for whom or which Client acquires Artwork.
  3. The relationship between Client and Minty sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This relationship shall be governed, interpreted and enforced in accordance with the laws of the Slovak Republic.
  4. Any claim or litigation arising out of this relationship or its performance may be commenced only in courts physically located in Slovak Republic, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this relationship, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
  5. Client will indemnify and defend Minty against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Illustration furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases and ensure they are in full effect and force.
  6. Client may not assign or transfer right and duty rights granted by relationship with Minty.

These GCC Terms are valid as of 01/10/2017