Saturday, July 3, 2010

Terms of Use for Photo to Art Manipulation Service

There is important information within these terms about: your responsibilities concerning copyright of the photo you submit, what merchandising is done with my resulting artwork, my copyrights, and much more.

All services have specific policies and terms of use. I will make them available here in boring detail. Some of these things might be pretty obvious to most, and some not so much. They are my standard sorts of things that I would rather not waste anyone’s time explaining during the ordering process or any other stage of a project .

This service is slightly more complicated terms-wise than say basic custom illustration art  due to inclusion of photos. A write-up of general terms for services, applicable to all services, will be written later, at which time this will be pared down to Photo to Art specific items.   Deep breath and bear with me, here it goes.

Photo to Art Manipulation Service

Basic Terms & Policies:

  • All prices are subject to change. Policies are subject to change. This service may be discontinued at any time.
  • Do not use this service if you do not understand and/or agree with these terms. Do not use this service if you are not legally allowed to enter a terms of use contract. You must abide by these terms to use this service.
  • Payment must be made before I begin the piece. Some people may qualify for payment plans and/or alternate payment methods, so feel free to ask if you are family, friend, or repeat customer. If Payment Plan arrangements are made the finished work will be sent to you once the final payment is made, and approval steps will occur between payments.
  • Some of these terms are specifically for the Photo to Art Service, and may or may not apply to other services.
  • This service is available to be delivered internationally via email, except where this service or any of these terms conflict with any laws where you are. It is your responsibility to be aware of any such laws, and you indemnify me from any legal liabilities that may result from your failure to adhere to the laws of your country or mine. Only submit your photo to & use this service if you are sure it does not violate any laws where you are, or in the United States where I am.
  • The ordering process for sales specials for this service are slightly different. Sales prices are only valid for 48 hours after the initial order invoice is sent to the deeply valued customer, if the sales dates are expired. Prompt payment assures your spot in line.
  • You must be the copyright owner of the photo, or have written permission from the copyright owner to use the photo for this service. If your photo was taken by a photographer (by profession or by hobby) they are the copyright owner in most cases. If the photo is of someone who is not you, a “model release” form may be needed. So select your photo carefully.
  • You are entirely responsible for the photo you use for this service, if you do not have the right to use the photo then do not submit it.
  • If any legal action is taken over the photo you submit to this service, you will be solely liable for any resulting damages, legal fees and court costs, and any other legal  ramifications, as you indemnify me from that by using the service. By accepting your project I am placing trust in you to be on the up and up. 
  • If you submit a photo to this service you are explicitly asserting that you have all the legal rights necessary to use the photo for this service and to use this service, and you are consenting to allow me to sell merchandise featuring the artwork resulting from use of the photo without royalties or compensation for the photo. Submission of the photo for use in this service means you have read understand and agree to all the terms of use for this service.

 

  • I retain all copyrights to the resulting artwork. You are only purchasing the  custom artwork, not the copyrights, for personal use only.
  • I can and will display the completed art in my portfolios and as samples of my work. If you want your commission kept out of my public portfolios and online samples, if you want it kept more private you must explicitly say so; additional cost will apply, since the portfolios are what get me additional work. I may still show the art to people I know and trust.
  • I can and probably will make the resulting artwork available for sale on merchandise including but not limited to - posters, prints, canvases, cards, t-shirts, etc. These will be available largely as a convenience to you so you may purchase such things whenever you randomly decide you want one.
  • If I choose to make the resulting artwork available on merchandise it will also be available for general public to purchase as well, through my main merchandise shop, in most cases. If you specifically want it available for purchase on items like t-shirts, posters, prints and more, please be sure to let me know and I will do what can to ensure it is available on what you’ve specified.
  • If you do not wish the Photo to Art Manipulation you have commissioned to be made so publically available on merchandise, there are a few options:
    • Let me know, while I’m making it, and I will keep it in a commission pick-up shop, rather than my main shops. This will drastically reduce the amount of traffic that will have chances to buy it. As the commission pick up shops will not be promoted much, the items will have less tags,  and warnings will be posted in the shop that the items in the shop are special orders and the customer prefers only people who have been invited to buy to purchase items in this shop or no one else purchase these items.
    • If you don’t want the photo to art publicly available on merchandise, you must specifically and explicitly say so in an email during the ordering process or at any other point before I give you the finished art. I would prefer to make it available on merchandise at the time it’s completed rather than later or rather than not at all.
    • You can change your mind one way or the other at any point, but you must have your order number when you tell me, for verification purposes. Just remember that while it’s in a shop it could be purchased.
    • If you opt to not have the item available in any merchandise shop, main, pick-up or other, but still want to buy something with the artwork on it for yourself, arrangements can be made, but it will likely cost more than simply having it available in a shop, and I will only do this under special circumstances.

 

  • If you want to in anyway use your commissioned photo to art piece for some sort of business related thing you must contact me and ask about it, some uses may be allowed but they are pretty specific and dependent on multiple factors. Some situations may even require a licensing fee.
  • Be sure to let me know quickly if there are any problems with your order. I care greatly, and will see what I can do. [to view policies on returns, refunds, exchanges etc. click here]
  • I  reserve the right to refuse service for any reason. If I have refused your order the most likely reasons would be –
    • Extra high order volume
    • I do not feel I can complete your order due to things like time constraints, or the item requested is in some way beyond my means to produce.
    • Circumstances beyond my control such as – illness, tragedy, loss of operable equipment and supplies, etc.

 

Purchasing this service as a Gift

  • If you wish to purchase this service as a gift for someone else, be sure to mention that and who it’s for to me while ordering.
  • Be sure it will not infringe anyone else’s copyright.
  • Be sure they will be comfortable with this sort of gift.
  • Be sure to order plenty of time in advance if you want it for a special occasion like a birthday or other holiday.
  • I will automatically place the gifts related merchandise options in the commission pick-up shop in case the giftee may not want it available more publicly. Either you or the giftee must give me further instructions after the gift is given as to whether it is ok with the giftee for it to be more publicly available. If you or the giftee want to direct other people to purchase or view it, you may do so, as long as your item is in either the main shops or it’s not in the pick up shop set up for those who don’t want anybody else buying it.

This topic may be organized further later. And more details may be added to flesh out some of these items, either within this entry or in a separate topic with links added as they become available.

[Last Updated – 7/3/2010]

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