Terms of Service ​

01

GENERAL TERMS

  • Prices are subject to change based on demand. I have the right to reject any order for any reason. 

03

PROCESS & DELIVERY

  • The time it takes to finish your commission varies 1 week – 4 months depending on factors such as health, the complexity of the commissioned piece, other work, and events. 

  • Once the piece is finished you will receive the full-resolution image along with a web-friendly size. (jpg + png) Please note that there is no physical product. Depending on where you live, we can arrange to print your artwork. Just gimme a hint. 🙂

05

COPYRIGHT & USAGE – Private Use for all of my artwork and commissions

 
  • I, “Martha” (the artist): 

    • I reserve the right to cancel and refund the order at any time for any reason. 

    • I retain all copyrights over any commissioned artwork. 

    • I will NOT claim the intellectual property (IP) of the commissioned artwork. 

    • I will NOT profit further from the commissioned artwork unless you (the customer) break any of the terms. 

    • I reserve the right to post the commissioned artwork online, in my portfolio as well as in publications such as art books. 

  • You, (the customer/commissioner): 

    • You may upload the commissioned artwork on any website and social channels. 

    • You may NOT make profits from the commissioned piece (reselling, redistributing, uploading to POD-services, make prints, etc.) 

    • You may NOT alter the commissioned artwork without my (the artist’s) consent. 

    • You MAY be allowed to sell the artwork if it is a part of an “Adoptable”. Please discuss this with me prior to paying for the artwork. 

    • You retain the rights to the intellectual property (IP). 

    • You may NOT use the commissioned artwork for commercial purposes. 

  • The following is considered copyright infringement:

    • Reproducing/using the copyrighted artwork commercially – means making money off it in any way not excluded from these terms. 

    • Using my Art to gain newly generated images (“painting bots”), even for “developing designs” is strictly forbidden and also considered copyright infringement.

    • Claiming the artwork as your own 

    • Altering the artwork without my consent 

  • In some cases, the commercial rights to the image may be purchased. However, deception (ordering privately used artwork and using it to sell it (non-private use) on the internet (Online Galleries) or cons (copies such as stickers or posters) will have legal consequences.

  • More information on European Laws (Intellectual property) can be found here.

09

martha-art.shop

Further Information regarding my Online Shop:

  • In my shop, I offer Original Art (collectibles) sent by me and a print-on-demand service by printful.

  • Thanks to BigCartel.com for the easy set-up shop system. You can find their Terms of Service here
  • Printful.com Terms of Service can be found on Printful.com/policies/terms-of-service

  • Please read 05 – Copyrights
  •  
  • Please note that BigCartel and Printful (like any other website) use cookies. I am not in control of that and you got to agree to the functional cookies to purchase art in my online shop. 😊✌️

02

PAYMENT

Currency accepted is either USD or EURO and can be paid through PayPal or any European payment service such as bank transfer.  

Commissions can be paid either 100% upfront or split 50% upfront and 50% after sketch approval. 

Do not send me any payment before I have agreed to give you a slot and requested you to send me the payment. 🙂

04

REVISIONS

  • You get 3 rounds of changes on the commissioned piece that are included in the final price. I will inform you about any additional costs before taking actions such as further changes etc. A fee will be added if you want something changed on the final drawing or finished artwork. 

  • If you wish for me to change something in the drawing you have previously approved, I will charge you a fee to change it. The amount of the extra charge depends on the change you want me to make and is usually based on an hourly wage. 

  • If your reference is unclear to start with changes will come at an extra charge.

06

CANCELLATION & REFUND POLICY

  • The buyer is not allowed a refund once I started working on the commission

  • If for any reason I am unable to start your commission you will receive a full refund. 

  • If you cancel your order before I started it, you can get a full refund. 

  • If you are getting a refund, do not request a Paypal chargeback. I will transfer the money back to you myself. 

  • If you request a Paypal chargeback at any point when you were not allowed to ask for a refund you will lose all beforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply Paypal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.

07

ONLINE GALLERIES

  • The buyer (private use) is not allowed to upload the commission to any online gallery.

  • Sell a link to the hosting online gallery, or mention the artist (me) who clearly doesn’t agree with the illegal usage of their artwork. I reserve the right to take legal action in such cases, sorry. (Part of  05 – Copyrights)

08

Etsy

  • The buyer (private use) is not allowed to sell the art as their own creation. This includes online galleries and prints and reselling digital files.
  • Etsy Terms of Service can be found on etsy.com
  • (Please read 05 – Copyrights)

10

Newsletter

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To commission me, you've got to agree to my terms of service. Thank you! 🙂
martha-art.com