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    INTRODUCTION

    ArtworkTee.com is a community where individual customers and businesses can have great custom designs created by our awesome artists. In addition, customers can purchase premade designs that our artists have submitted. 

    Please read our terms and conditions in full before buying or selling on our platform. If you have any questions, feel free to contact Customer Service

    ARTISTS TERMS OF SERVICE (Applies to Artists)

    Summary: 

    • Submissions must be your own work, or you must have written permission to use any 3rd party assets. 
    • You must comply with all copyright laws. Derivative works must clearly fall under fair use.
    • All work must be appropriate for all audiences - You may not sell pornographic, violent, or offensive works.
    • You may not sell work that promotes illegal activities (including drug use)
    • For premade designs, you own the full copyright and give ArtworkTee a non-exclusive license to display the content, with royalties to be paid for each sale.
    • For custom designs, you own the full copyright for any designs submitted for display or examples. For designs made for customers, the customer receives private rights to the design. Artists may use custom designs they have made in their portfolio, but for resale or other use, written permission must be obtained from the customer. 
    • By default, customers may buy commercial and resale rights to their custom designs. Artists may opt out of this if they choose.
    • Artists get to set their own prices for the products they sell on the site. ArtworkTee adds reasonable fees for printing, processing, and shipping to these prices.
    • Artists will be notified via email when they receive a new order.
    • Artists must confirm if they can do an order within 24 hours (48 hours on holidays).
    • Artists must complete custom designs within 7 business days of confirming the order (14 days for complex art styles).
    • Artists get to choose how many commission slots they would like to take at a time.
    • Artists will communicate with Custom Design customers via email to make sure the customer's needs are met. 
    • Artists may be asked to make changes to their work to meet the customer's expectations. 
    • Artists will be paid via Paypal weekly.

    SECTION 1 - CONTENT SUBMITTED TO THE SITE

    When you submit a work to be sold or displayed on our site, you confirm that: 

    1. Any content that you submit for consideration to be used on the site must be 100% your own work, or you must be able to provide clear attribution to the original owner of 3rd party assets and written permission that you have a commercial license to sell derivative works.

    2. You must not infringe on the copyright, trademarks, patents, or any other intellectual property of any person, corporation, or entity. If you have made derivative work based on the intellectual property of another, it must be significantly altered such that legal counsel would determine that the work falls clearly and unambiguously under fair use and/or parody protections.

    3. The work does not include any pornographic, violent, or indecent material that would be inappropriate for children under 13 years of age. 

    4. The work does not include any defamatory or offensive material directed at any person or group. 

    5. The work does not encourage or promote any type of illegal behavior, including but not limited to, drug use, abuse, violence, fraudulent schemes, etc.

    ArtworkTee reserves the right to remove products and/or terminate your account based on a review of your content and whether it is in violation of these Terms and/or applicable laws. We are not responsible for legal damages incurred by such a removal or termination.

    Terms for Premade Designs: You continue to own full copyright for any artwork submitted or published on ArtworkTee. You are giving our platform a non-exclusive and royalty free license to use and display the content on the site. You have the right to remove any or all designs at any time and revoke this license in the process.  It is agreed that you will be paid for sales of physical products by agreement between Artist, ArtworkTee, and any clients or licensors who are part of the transaction. 

    Terms for Custom Designs: You continue to own full copyright for any artwork submitted that you specify is for display or examples on custom design listings on ArtworkTee. You are giving our platform a non-exclusive and royalty free license to use and display the content on the site. You have the right to remove any or all designs at any time and revoke this license in the process.  Important: For Custom Designs only, copyright on artwork that is made for a client is owned by the client, not by the artist. For example, if an artist draws a person's original character or company logo for a shirt, the artist does not receive rights to draw, distribute or own that copyrighted material. By default, artists' custom designs are owned by the the client and given permission from ArtworkTee for personal use (not for resale). By default, the customer may pay an additional amount to purchase commercial and resale rights to their design. Artists may choose to remove this option from their listings, and work out commercial rights privately on a case-by-case basis. Other than use in a portfolio, any distribution or resale of Custom Designs made by the artist for a client requires the client's written permission. It is agreed that you will be paid for sales of physical products or digital distribution rights by agreement between Artist, ArtworkTee, and any clients or licensors who are part of the transaction. 

     

    SECTION 2 - SALES TERMS

    Prices listed on the website reflect a number of different costs incurred in producing the product. For custom products, this may include the price of printing the product, ArtworkTee's fee(s) for hosting, facilitation, and providing customer service, transaction processing fees, the artist's base price and additional add-ons, and the relevant sales tax or VAT. Once the customer has provided their address, shipping charges will also be added to the transaction. 

    Artists may choose at their own discretion what price they would like to charge the customer for their part of the transaction. ArtworkTee may provide price recommendations, and it is up to the artist what price they would like to accept. The artist has the right to change the price of their products at any time. 

    Artists will be notified via their Business Email when they have received an order. Artists have 24 hours (or 48 hours on government holidays) to accept or decline an order. It is strongly recommended that all commissions are accepted by the artist, as declining commissions will reflect negatively on the site and on the artist. If an artist declines to accept a commission, the customer will receive the option to choose a different artist or to receive a refund.

    Artists may choose how many commission slots they would like to accept at a time (if they are providing custom designs). Artists should take into account that all orders must be completed within 7 business days from the time that the artist confirms the order. If the artist works in a complex or highly detailed art style, such as digital painting, this deadline is 14 business days from the time that the order is confirmed.

    Artists will communicate with the commissioner to determine exactly what the customer wants and to make sure the customer's needs are met. ArtworkTee staff are available 7 days a week to help with this process. The artist agrees to have a positive and helpful attitude when working with customers.

    Customers may require one or more changes to sketches or finished artwork for them to be satisfied with the order. Artist agrees to include reasonable amounts of changes in the price of the original work. Artist understands that changes must be completed within the 7 or 14 day window for the completed artwork, and that requests for additional time are reviewed by ArtworkTee on an individual basis. If the customer's demands are unreasonable, or if there is any other disagreement between an artist and a client, then an ArtworkTee staff member will mediate. Conflict resolution may include, but is not limited to, transferring the artwork to another artist for completion, requesting additional fees to be paid by the customer for unanticipated work, or cancellation of an order.

     SECTION 3 - PAYMENT TERMS

    Artists will be paid via Paypal. Artists must have a working and verified Paypal account to receive payment. It is the artist's responsibility to make sure that the Paypal information submitted is up to date and accurate, and ArtworkTee is not responsible for any losses incurred via incorrect information submitted. 

    ArtworkTee will hold the funds for each transaction until payment is due. Payment is submitted weekly for all artists, usually each Wednesday. Payment will be sent through Paypal's "Pay for Goods or Services" feature, which may incur small transaction fees on the artist's end of the transaction. If payment cannot be made for some reason, such as inaccurate information, the artist will be contacted. If the artist does not respond, funds will be held by ArtworkTee for a period of 12 months. 

    If a Custom Design order is only partially completed, the artist has a right to a partial payment for the work they have already completed if there is a good reason that the work had to be stopped. The determination of a "good reason" is up to the discretion of ArtworkTee. 

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    GENERAL TERMS OF SERVICE (For all users, customers and artists)

    Summary: 

    • You are of the age of majority where you live.
    • You will use this site for only legal purposes.
    • We reserve the right to refuse service for any reason.
    • The service is provided "as is."
    • User comments may be used or published by us.

    For full terms of service, please read the following in full:

    This website is operated by ArtworkTee. Throughout the site, the terms “we”, “us” and “our” refer to ArtworkTee. ArtworkTee offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

    Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

    SECTION 1 - ONLINE STORE TERMS

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    You must not transmit any worms or viruses or any code of a destructive nature.
    A breach or violation of any of the Terms will result in an immediate termination of your Services.

    SECTION 2 - GENERAL CONDITIONS

    We reserve the right to refuse service to anyone for any reason at any time.
    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

    SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

    Prices for our products are subject to change without notice.
    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    SECTION 5 - PRODUCTS OR SERVICES (if applicable)

    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    Products are created through a Direct-To-Garment (DTG) printing process. ArtworkTee provides no guarantee of print color or durability. Because of the nature of the DTG printing process, colors are likely to come out different than submitted by the artist, especially on dark color fabric. 

    SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    For more detail, please review our Returns Policy.

    SECTION 7 - OPTIONAL TOOLS

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

    SECTION 8 - THIRD-PARTY LINKS

    Certain content, products and services available via our Service may include materials from third-parties.
    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    SECTION 10 - PERSONAL INFORMATION

    Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

    SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    SECTION 12 - PROHIBITED USES

    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    In no case shall ArtworkTee, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    SECTION 14 - INDEMNIFICATION

    You agree to indemnify, defend and hold harmless ArtworkTee and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    SECTION 15 - SEVERABILITY

    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 16 - TERMINATION

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

    SECTION 17 - ENTIRE AGREEMENT

    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    SECTION 18 - GOVERNING LAW

    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 6730 Balboa Blvd Van Nuys California US 91406.

    SECTION 19 - CHANGES TO TERMS OF SERVICE

    You can review the most current version of the Terms of Service at any time at this page.
    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    SECTION 20 - CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at artworktee.staff@gmail.com.