Welcome to the CO:CREATE Artist Addendum between you, as Artist, and Gesso Labs, Inc. d/b/a CO:CREATE (“CO:CREATE”). This Artist Addendum is part of and incorporates the terms of the Terms of Service, available at https://www.cocreate.ink/legal/terms-of-service, and contains additional terms and conditions under which CO:CREATE offers the Service. Capitalized Terms used but not defined herein shall have the means ascribed to them in the Terms of Service.

1. Intellectual Property Rights

Artist Ownership. The Artist owns all legal right, title, and interest in all intellectual property rights of the content underlying the Tattoos listed on the Service (such underlying content, the “Art”), including but not limited to copyrights and trademarks in the Art, unless the Artist expressly transfers any such right, title or interest to a Client or other third party. As the copyright owner, the Artist has the right to reproduce, prepare derivatives of, distribute, and display or perform the Art.

CO:CREATE License. By posting Art, you grant CO:CREATE and, as authorized by CO:CREATE in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of the Art. This allows us to provide the Services and to promote CO:CREATE, your Artist page, or the Services in general, in any formats and through any channels, including across any Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your Art.

Original Content. Artist expressly represents and warrants that its Art underlying any Tattoos listed on the Service contain only original content otherwise authorized for use by the Artist, and do not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist, not authorized for use by the Artist, not in the public domain, or otherwise without a valid claim of fair use. The Artist further represents and warrants that it has permission to incorporate the unoriginal content, to the extent such permission is legally required.

Release. You irrevocably release, acquit and forever discharge the CO:CREATE Parties of any liability for direct or indirect copyright or trademark infringement arising from any Tattoos or underlying Art.

2. Decency Standards

In general, all artistic images depicting nudity and sexuality are allowed without censorship. However, images depicting implied actions that have the potential to normalize violence such as non-consensual or violent sex acts, including rape, are not allowed at any time. Images depicting fetish content that involves acts that are likely to lead to the death of a person or animal such as: dismemberment, cannibalism, or bestiality are also not allowed.

CO:CREATE does not allow objectionable content that includes defamatory commentary, imagery and/or hate speech about religion, gender, race or any other targeted groups. Imagery that is racist, sexist, homophobic, transphobic, or engages in other forms of discrimination will not be tolerated and will immediately be removed. CO:CREATE reserves the right to restrict Artists who create, upload, or request imagery or tattoos of this kind.

3. Selling Tattoos; Accepting Bookings

Generally. CO:CREATE is neither liable nor responsible for the conduct of any Client on or off the Service. CO:CREATE does not conduct background checks on Clients.

Provision of Cancellation & No-Show Polices and House Rules. You agree to provide information to comply with any mandatory legislation and to provide other relevant information to Clients, including but not limited to, cancellation and no-show policies, age restrictions, and the relevant house rules.

Bookings. By booking a Tattoo, you agree to provide (a) an email which we may send to the user prior to the appointment with the you, giving practical information (including third party offers to the extent that the user has actively opted in for this information separately) relevant to the reservation, and (b) an email after the Service has been rendered to rate the experience with the you.

CO:CREATE cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Client.

We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number of the Client.

Booking Assurance Policy

Subsequent to receipt of initial payment from a Client, Artist is solely responsible for all booking, scheduling and related follow up with such Client. Artist, in their discretion, may communicate with Clients on or off-platform. CO:CREATE will promptly notify Artist of CO:CREATE’s receipt of any payment from a Client (an “Initial Notification”), and Artist shall have 14-days from its receipt of such notification to contact such Client to schedule an appointment or otherwise begin the booking process. For the avoidance of doubt, an initial appointment with a Client does not need to occur within such 14-day period, but Artist must diligently attempt to contact such Client with the goal of booking an initial appointment prior to the expiration of such 14-day period.

From and after the Initial Notification, CO:CREATE will follow up with both Artist and Client from time to time to confirm Artist has diligently communicated with Client during such 14-day period. If Artist fails to respond to CO:CREATE or, in CO:CREATE’s reasonable opinion, has not otherwise taken diligent and customary commercial action to book an initial appointment with Client during such 14-day period, CO:CREATE may, among other remedies available to it under the Terms and Conditions or at law, close the booking, issue a refund to Client, cancel the booking or modify Artist’s status on the Site, including removing Artist from the Site or prohibit Artist from accepting any new bookings.

License; Insurance. Artist must maintain any applicable licenses in good standing. Artist must maintain sufficient business insurance.

4. Fees; Fee Avoidance

Artists may be required to pay the following types of fees. Please note that all fees are listed exclusive of any value-added tax (VAT) or similar taxes that may apply. See the Taxes in the Terms of Service for further details. It's important to note that all service fees, including prepaid fees, are non-refundable.

Currency Conversion Fees. CO:CREATE converts fees from USD to your payment account currency at the market rate at the time the fee is reflected in your payment account. All fees appear in your payment account in your domestic currency.

To avoid incurring foreign exchange charges on your sales, CO:CREATE recommends you list your items in the same currency as your payment account currency. Clients see the items in the currency of their choosing. If you decide to list in a currency other than that of your payment account, you will be charged a currency conversion fee on the sale amount to send funds to your payment account. Currency conversion, and the fee charged, is handled automatically by our payment processing service.

Paying your Fees. CO:CREATE will automatically deduct all fees owed from your payment account. Provided you have sufficient funds in your payment account no further payment action is required. If your payment account does not contain sufficient funds you are responsible for paying any fees owed in full. If you make a sale while you have an outstanding balance the net sale amount will be applied to your outstanding balance. You may pay your outstanding balance manually by credit card, debit card, or PayPal. CO:CREATE may suspend your selling privileges at any time pending payment of your outstanding balance.

5. Use of Likeness in Promotional Materials

While you are an Artist on the Site, CO:CREATE may use and authorize the use of your name, likeness and biographical information in promotional materials, social media posts, websites and the like.

6. Complaints

Any claims or complaints by Clients against you, including with respect to your Tattoos (including related to the price, license, policies, specific requests made by the Client), or your Tattooing (including any damages claimed by a Client as a result of a negligent Tattooing), are to be dealt with by you. CO:CREATE is not responsible for and disclaims any liability in respect of such complaints, claims and liabilities.

7. Termination

Termination By You. You may terminate your account with CO:CREATE at any time by providing us written notice at booking@cocreate.ink. Terminating your account will prevent you from selling any additional Tattoos on the Site after your termination is effective.

Termination By CO:CREATE. We may terminate or suspend your account and your access to the Services at any time, for any reason. Generally, CO:CREATE will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or CO:CREATE terminates your account, you may lose any information associated with your account, including your Art.

We May Discontinue the Services. CO:CREATE reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in our policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.