Please read before purchasing
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✿ALL files are hand drawn at 300 DPI.
✿You MUST purchase a commercial license before printing fabric in house and/or mass producing.
TERMS AND CONDITIONS
✿ Permission of use is only given through purchase of designs.
✿ Do not attempt to resell my designs and do not tamper with, trace, heavily reference or change my designs in any way.
✿ Do not Share designs without watermark and do not attempt to remove watermark without purchase and do not claim my artwork as your own.
✿ Please Credit and tag SimplySublime and/or ArtworkingMomma in your captions and/or descriptions.
✿ Stealing is absolutely not tolerated and I, the artist, reserve the right to take action once terms have been breached.
Ownership and Usage Rights:
✿ ArtworkingMomma LLC is the exclusive owner of all artwork available on the website.
✿ Permission to use the artwork is granted solely through the proper purchase of the artwork and licensing listed.
✿ Customers are strictly prohibited from reselling or redistributing the Designs in any form, whether in their original form or modified.
✿ Customers are not allowed to tamper with, alter, or modify the Designs in any way.
✿ Any unauthorized use, reproduction, or distribution of the Designs constitutes copyright infringement and will be pursued to the fullest extent of the law.
Watermark and Sharing:
✿ Customers are prohibited from sharing or distributing the Designs without the watermark.
✿ File sharing is not allowed, do not send my designs to your friends or other small shops.
✿ Removing the my watermark as well as other shop owners’, whom have purchased my artwork, watermarks from any of my designs is strictly prohibited.
✿ Sharing the Designs without proper authorization constitutes a breach of these Terms and Conditions and may result in legal action.
Use of Designs:
✿ Purchased Designs are intended for sublimation printing, physical products, and fabric usage only.
✿ You are not allowed to use my designs for manufacturing, my artwork is strictly for small shop use. With proper licensing, contact, and Non Disclosure Agreements, I do allow for some mass producing and POD items to be sold. I, the artist reserve the right to redetermine or change POD and mass production allowance at any time to protect my business and artwork.
✿ Customers are solely responsible for ensuring that the use of the Designs complies with all applicable laws, regulations, and intellectual property rights.
Commissions:
✿ I, as the artist reserve the right to deny commissions for any reason.
✿ Payment in FULL is required in advance. I will not begin a commissioned piece before I am paid. I, the artist, reserve the right to alter this requirement depending on the situation at hand.
✿ I, as the artist reserve the right to cancellation of ANY commission due in part but not limited to disrespectful behavior.
✿ I, as the artist reserve the right to invoice you, the commissioner, for any and all extra fees that may apply in which will/would be discussed throughout the completion of the commission. The completed commission will not be sent until any extra fees are paid in full.
✿ I, as the artist include all rights to the artwork within all commissions, including distribution. I reserve the right to display said artwork on any form of social media, on my website, or within any portfolio.
✿ In ANY instance in which I, the artist, am provided with reference images or requests that the commissioner does NOT own the rights to (ie. copyrighted images, licensed images, other artworks, etc.) I am NOT to be held with any responsibility of legal repercussions that would/may arise from that situation.
✿ Altering of commissioned works is NOT allowed, however, exceptions are made for personal use. For example, you as the commissioner are allowed to crop, resize, or turn the image in any way for personal use.. personal use could be digital wallpapers, invitations, or other graphics that are NOT for commercial use.
✿ You, the commissioner, are NOT allowed to resell my artwork.
✿ You, the commissioner, are responsible for any and all commissioned work once emailed directly to you or uploaded to a drive by myself, the artist. Although it is likely I will have a copy of your commissioned work located in my drive, I am NOT responsible for replacing lost files. It is highly recommended that you back up your files and save them accordingly. There is no guarantee that if you, the commissioner, lose your commissioned work, that I will have a copy to send at your convenience.
✿ Approved finished commissions will be sent or uploaded as a .JPEG or .PNG at no less than 300 DPI.
✿ Although you, the commissioner, commission me for a file/piece created with my artwork.. I, the artist, reserve all rights to my artwork in which your commission is composed of (ie. I own the rights to the individual elements within the design.) As the artist I will not resell the commission, however I may use or alter any artwork within the original design to be used in my future artworks.
✿ Full exclusivity of the commission AS WELL as the elements drawn within would require an extra cost to be agreed upon BEFORE the commission is started.
✿Please understand I will always likely draw items, things, animals, flowers, etc. in a similar way/style. I, as the artist, do have my own style and can only draw one thing so many different ways while upholding to my style of artwork. This exclusivity basically means I will not copy and paste artwork from your commission for use in other artworks nor will I directly trace any of the artwork within your commission to use elsewhere. I would NEVER purposely take a special and OOAK idea by YOU, the commissioner, for a whole commission in its entirety and recreate that file to sell. Please trust your commission will be 100% original guaranteed.✿
Turn Around Time: Commissions
✿ Displayed and announced prices will be subject to change depending on additional complexity of design, revisions, or exclusivity to which I, the artist, reserve the right to determine at ANY time.
✿ TAT for commissions is typically 18 BD, although, at times sooner. TAT does NOT begin until I physically start on your commission. These commissions are first come first serve when I open them and I will go in order of payments received. An initial meeting is required where you will be able to walk me through what you’re looking for and send me reference photos, color pallets, mood boards, etc. while I work on your sketch. After you, the commissioner, approve the sketch I as the artist, may still have multiple other meetings, commissions, drops, etc. that also require my attention.
✿ Please keep messages regarding you, the commissioner, asking for updates at a minimum as I will do so myself when available. Clogging my messages will NOT speed up the process any more. I am human. I’m running a business all by myself and in order to continue running my business I do have lots of other things to work on as well as drops to prepare for to keep up my regular income.
✿ If at any point during the process of completing a commission do I feel as though I will need more time, or an unforeseen circumstance occurs, you, the commissioner, will be contacted or updated periodically as needed.
Licensing:
✿ If you are a small handmade shop you do not need extra licensing for your makes.
✿ If you plan on wholesaling makes with my files or using POD services I require a single files license for every 100 items sold. Wholesaling and POD services MUST be approved and have a proper NDA signed.
✿ If you are a shop selling fabric by the yard, DTF/Sublimation transfer sheets, blankets, towels, leather, vinyl, packaging supplies, etc. you are required to purchase a single file license at the time of purchase.
✿ I currently offer yearly licensing, for purchase. I, the artist, reserve the right to alter pricing at ANY time. Yearly licenses have zero yard limit and any file purchased while “active” will remain yours. in order to CONTINUE buying files you MUST RENEW your license before the year is up. Failure to do so will result in you, the customer, requiring a new yearly license rather than a renewal option.
Payment:
✿ Payment for digital downloads, Commissions, and licensing fees must be made in full before delivery.
✿ ©ArtworkingMomma LLC accepts payments through the Shopify platform and any approved payment methods specified on the website such as PayPal.
✿ Listing prices are subject to change depending on the complexity and detail of each individual artwork.
✿ All prices are USD, any and all payments must be made as such or equivalent to the USD listing.
Turnaround Time:
✿ Digital downloads will be available for immediate download after successful payment. If an error occurs please email me at design@artworkingmomma.com
✿ The delivery timeline for Commissions will be specified in the commission agreement.
Commission Revisions:
✿ I, the artist, reserve the right to determine at any point during a completion of a commission that there have been an excessive amount of revisions to my work that will require additional fees. I want commissions to be perfect but you, the commissioner, are responsible for communicating effectively in order to complete your commission in a reasonable amount of time.
✿ Additional revisions may be subject to additional fees.
Abandoned Artwork/Commissions:
✿ If a commissioned project is abandoned by the customer after the work has started.. I, the artist, retains the rights to the unfinished artwork.
✿ No refunds will be provided for abandoned projects, and the customer will have no further rights to use or possess the unfinished artwork.
✿ You, as the commissioner, are responsible for updating your artist with your contact information.
✿ You, as the commissioner, will receive multiple updates throughout your commission experience. Non-communication or approval of work for up to 3 business days will grant all rights of the unfinished artwork to the artist. The artist reserves the right to interpret non-payment and/or lack of communication as the commissioner’s resignation of any and ALL claims, interest, or rights to the artwork. Following the commissioner’s resignation the artist retains full exclusive ownership of the artwork. This allows for creation of works consistent of the resigned artwork to be distributed as the artist sees fit. This includes auctions, listings, modifications, destruction, etc.
✿ Refunds are NOT available for abandonment of commissions.
Cancellation and Refunds:
✿ Digital downloads are non-refundable once the files have been sent. Due to the nature of instant digital downloads, no refunds are given. I, the artist, will not be held responsible for the customers mistakes in regards to files they purchased or meant to purchase instead.
✿ Cancellation of Commissions WILL be subject to a cancellation fee. This fee will increase or decrease depending on the stage of the project and any terms outlined in the commission agreement. (if applicable) otherwise I, the artist, reserve the right to charge you, the commissioner, a cancellation fee that is up to me to determine.
✿ Once I, the artist have received full payment for a commission from a client I will accept no cancellations nor will I give refunds. Be sure to read my terms and conditions, read the listing or claim thread, and look through my artwork to ensure my art style is the best fit for you and your commission BEFOREHAND. I will not give refunds if you are not satisfied with my work, however, we will work to get an artwork to your satisfaction.
✿ If and only IF the lack of completion is due to my own faults, will I issue a full refund to you, the commissioner.
✿ Refunds for Commissions will be provided at the sole discretion of the artist, depending on the circumstances and any applicable cancellation fees.
Governing Law and Jurisdiction:
✿ These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the ©ArtworkingMomma LLC is registered.
✿ Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in the aforementioned jurisdiction.
These Terms and Conditions constitute a legally binding agreement between ©ArtworkingMomma LLC and its customers. By making a purchase, commissioning artwork, or using the Designs, customers acknowledge that they have read, understood, and agreed to be bound by these Terms and Conditions. The Artist reserves the right to modify or update these terms without prior notice.
AT A GLANCE RESTRICTIONS:
-NOT allowed for use with manufacturers or POD services such as: Zazzle, Redbubble, Spoonflower, Cafepress, Amazon, Society6, Spoonflower, etc. (if you have questions or concerns please email me at design@artworkingmomma.com, on occasion I will allow manufacture with trusted services along with a signed NDA.)
-This is a finished work of art, NOT clipart. It cannot be altered in any way.. This includes color, text, removing and adding elements, saturation, brightness, etc.
-NO digital items.
-NO reselling, remaking, or tracing.
✶Colors displayed on your monitor or mobile device may vary in relation to printed designs✶
✶All designs are hand drawn by me, which leaves room for small errors or flaws. At times updates will be sent for possible errors✶
✿Purchased designs are for sublimation printing, physical products, fabric printing, scrapbooking, and more!✿
✿By purchasing you are agreeing to my terms of service, I own all rights to my designs✿
✿My designs are DIGITAL DOWNLOAD ONLY! A physical product will not be shipped to you!✿
Dont forget to share your makes with our Amazing community!
𝐂𝐎𝐍𝐓𝐀𝐂𝐓:
EMAIL:
✿Design@artworkingmomma.com
CONTACT PAGE:
✿facebook.com/pages/artworkingmomma
FACEBOOK:
✿facebook.com/groups/artworkingmomma vip
INSTAGRAM:
✿instagram.com/artworkingmomma
WEBSITE:
✿www.artworkingmomma.com
As always, Thank you SO much for supporting my small business!
Erica☺
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© 𝙰𝚛𝚝𝚠𝚘𝚛𝚔𝚒𝚗𝚐𝙼𝚘𝚖𝚖𝚊, 𝟸𝟶𝟸𝟷. 𝙲𝚘𝚗𝚝𝚎𝚗𝚝 𝚘𝚠𝚗𝚎𝚍 𝚋𝚢 𝙰𝚛𝚝𝚠𝚘𝚛𝚔𝚒𝚗𝚐𝙼𝚘𝚖𝚖𝚊 𝚘𝚗 𝚝𝚑𝚒𝚜 𝚠𝚎𝚋𝚜𝚒𝚝𝚎 𝚒𝚜 𝚙𝚛𝚘𝚝𝚎𝚌𝚝𝚎𝚍 𝚋𝚢 𝚝𝚑𝚎 𝙲𝚘𝚙𝚢𝚛𝚒𝚐𝚑𝚝 𝙰𝚌𝚝 𝚊𝚗𝚍 𝙸𝚗𝚝𝚎𝚛𝚗𝚊𝚝𝚒𝚘𝚗𝚊𝚕 𝙲𝚘𝚙𝚢𝚛𝚒𝚐𝚑𝚝 𝙻𝚊𝚠𝚜.