Embedded Files
Terms of Service
BY COMMISSIONING THE ARTIST, THE CLIENT HAS AGREED TO ALL TERMS OF SERVICE CONTAINED WITHIN. THE ARTIST’S TERMS OF SERVICE IS THE FINAL AUTHORITY.
-By commissioning the artist, the client will be held responsible to all items in the Terms of Service whether the client has taken the time to read them or not.
-The artist retains the rights to artistic expression and the limits of their personal style and will depict character(s) and design(s) how they best feel they will be expressed via pose, light source, lighting effects, etc.
-The artist retains the right to refuse or cancel and refund a commission due, but not limited to harassment, bullying, threats, stalking, etc.
-The artist reserves the right to refuse a commission based on the limit of subject matter or depiction of themes or illegal activity or personal reasons.
-It can take 1-3 business days to get the first response to a commission request.
-If a preview sketch Work in progress (WIP) is requested, it is the responsibility of the client to notify the artist of all desired edits at once! Major edits will only be available on the sketch WIP.
-There is a set 5 free edits in WIP (Work In Progress) stage per piece. After that additional edits will add to cost.
- Edits after I start lining and coloring will more than likely will not happen, if I do edit it in this stage it will be an additional cost.
-The artist does NOT have to provide a ‘refined sketch’ in addition to the sketch WIP.
-After a WIP sketch is approved, the artist will NOT make edits to the completed Lineart.
-The artist retains the right to refuse edits to the finished piece after the client has approved WIPs.
-50% to100% of Commission fee is required before artist starts drawing, as majority of work is spent on conception art and sketches.
-The artist will not allow Cancelling a commission in an attempt to avoid fees incurred from changes to a commission.
-Final Prices will be determined once it is revise by commissioner, you will receive an estimated price to the final cost. After both the client and artist agree on a set final the percentages of the taxes will be added to the bill. Sales tax is 2.9%
-Ordering a new commission in this instance will require payment of the fee before any new commissions are accepted.
-The client is NOT permitted to publicly upload the full-resolution file.The client must only publicly post a smaller-sized ‘display’ version. If the client is found posting or claiming the piece as their own, legal action will be taken.
-The artist’s signature and watermark must remain visible on the piece at all times where the client posts the completed work. Removal of the signature and/or watermark will be counted as theft!!!
-The client may request a refund at any time. If the client requests a refund, the amount refunded will be based on the amount of work already put into the commission.
-The artist retains the right to issue a refund and cancel a commission at any time due to personal decision based on the artist's ability to complete the commission in a timely matter, due to events in the artist’s personal life, or due to unsavory behavior by the client!
-The artist retains the right to keep a Termination Fee of 60% or more of the commission price if a client requests a refund after work has been completed.
-When a full refund is issued for a cancelled piece, the client does NOT retain the rights to the piece and thus cannot claim ownership! Again, If the client is found posting or claiming the piece as their own, legal action will be taken.
-Under no circumstances will the artist make available the original PSD files.
-The artist retains 100% ownership of the cancelled and/or completed piece. -If the client does not respond with in 3-5 days after the artist has contacted them the commission request will be canceled and the client will have to start a new request.
-The artist’s ToS is the FINAL authority in the commission process.
Private Policy
Privacy Policy
==============
Last updated: July 24, 2022
This Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your information when You use the Service and tells You
about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
this Privacy Policy.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
-----------
For the purposes of this Privacy Policy:
* Account means a unique account created for You to access our Service or
parts of our Service.
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Creative Quill Art.
* Cookies are small files that are placed on Your computer, mobile device or
any other device by a website, containing the details of Your browsing
history on that website among its many uses.
* Country refers to: Colorado, United States
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Personal Data is any information that relates to an identified or
identifiable individual.
* Service refers to the Website.
* Service Provider means any natural or legal person who processes the data
on behalf of the Company. It refers to third-party companies or
individuals employed by the Company to facilitate the Service, to provide
the Service on behalf of the Company, to perform services related to the
Service or to assist the Company in analyzing how the Service is used.
* Usage Data refers to data collected automatically, either generated by the
use of the Service or from the Service infrastructure itself (for example,
the duration of a page visit).
* Website refers to Creative Quill Art, accessible from
<https://www.creativequillart.com/>
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Collecting and Using Your Personal Data
=======================================
Types of Data Collected
-----------------------
Personal Data
~~~~~~~~~~~~~
While using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Address, State, Province, ZIP/Postal code, City
* Usage Data
Usage Data
~~~~~~~~~~
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol
address (e.g. IP address), browser type, browser version, the pages of our
Service that You visit, the time and date of Your visit, the time spent on
those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect
certain information automatically, including, but not limited to, the type of
mobile device You use, Your mobile device unique ID, the IP address of Your
mobile device, Your mobile operating system, the type of mobile Internet
browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
We use Cookies and similar tracking technologies to track the activity on Our
Service and store certain information. Tracking technologies used are beacons,
tags, and scripts to collect and track information and to improve and analyze
Our Service. The technologies We use may include:
* Cookies or Browser Cookies. A cookie is a small file placed on Your
Device. You can instruct Your browser to refuse all Cookies or to indicate
when a Cookie is being sent. However, if You do not accept Cookies, You
may not be able to use some parts of our Service. Unless you have adjusted
Your browser setting so that it will refuse Cookies, our Service may use
Cookies.
* Flash Cookies. Certain features of our Service may use local stored
objects (or Flash Cookies) to collect and store information about Your
preferences or Your activity on our Service. Flash Cookies are not managed
by the same browser settings as those used for Browser Cookies. For more
information on how You can delete Flash Cookies, please read "Where can I
change the settings for disabling, or deleting local shared objects?"
available at <https://helpx.adobe.com/flash-player/kb/disable-local-
shared-objects-
flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_>
* Web Beacons. Certain sections of our Service and our emails may contain
small electronic files known as web beacons (also referred to as clear
gifs, pixel tags, and single-pixel gifs) that permit the Company, for
example, to count users who have visited those pages or opened an email
and for other related website statistics (for example, recording the
popularity of a certain section and verifying system and server
integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on
Your personal computer or mobile device when You go offline, while Session
Cookies are deleted as soon as You close Your web browser. Learn more about
cookies on the [Privacy Policies
website](https://www.privacypolicies.com/blog/privacy-policy-
template/#Use_Of_Cookies_Log_Files_And_Tracking) article.
We use both Session and Persistent Cookies for the purposes set out below:
* Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services
available through the Website and to enable You to use some of its
features. They help to authenticate users and prevent fraudulent use of
user accounts. Without these Cookies, the services that You have asked for
cannot be provided, and We only use these Cookies to provide You with
those services.
* Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies
on the Website.
* Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use
the Website, such as remembering your login details or language
preference. The purpose of these Cookies is to provide You with a more
personal experience and to avoid You having to re-enter your preferences
every time You use the Website.
For more information about the cookies we use and your choices regarding
cookies, please visit our Cookies Policy or the Cookies section of our Privacy
Policy.
Use of Your Personal Data
-------------------------
The Company may use Personal Data for the following purposes:
* To provide and maintain our Service , including to monitor the usage of
our Service.
* To manage Your Account: to manage Your registration as a user of the
Service. The Personal Data You provide can give You access to different
functionalities of the Service that are available to You as a registered
user.
* For the performance of a contract: the development, compliance and
undertaking of the purchase contract for the products, items or services
You have purchased or of any other contract with Us through the Service.
* To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile
application's push notifications regarding updates or informative
communications related to the functionalities, products or contracted
services, including the security updates, when necessary or reasonable for
their implementation.
* To provide You with news, special offers and general information about
other goods, services and events which we offer that are similar to those
that you have already purchased or enquired about unless You have opted
not to receive such information.
* To manage Your requests: To attend and manage Your requests to Us.
* For business transfers: We may use Your information to evaluate or conduct
a merger, divestiture, restructuring, reorganization, dissolution, or
other sale or transfer of some or all of Our assets, whether as a going
concern or as part of bankruptcy, liquidation, or similar proceeding, in
which Personal Data held by Us about our Service users is among the assets
transferred.
* For other purposes : We may use Your information for other purposes, such
as data analysis, identifying usage trends, determining the effectiveness
of our promotional campaigns and to evaluate and improve our Service,
products, services, marketing and your experience.
We may share Your personal information in the following situations:
* With Service Providers: We may share Your personal information with
Service Providers to monitor and analyze the use of our Service, for
payment processing, to contact You.
* For business transfers: We may share or transfer Your personal information
in connection with, or during negotiations of, any merger, sale of Company
assets, financing, or acquisition of all or a portion of Our business to
another company.
* With Affiliates: We may share Your information with Our affiliates, in
which case we will require those affiliates to honor this Privacy Policy.
Affiliates include Our parent company and any other subsidiaries, joint
venture partners or other companies that We control or that are under
common control with Us.
* With business partners: We may share Your information with Our business
partners to offer You certain products, services or promotions.
* With other users: when You share personal information or otherwise
interact in the public areas with other users, such information may be
viewed by all users and may be publicly distributed outside.
* With Your consent : We may disclose Your personal information for any
other purpose with Your consent.
Retention of Your Personal Data
-------------------------------
The Company will retain Your Personal Data only for as long as is necessary
for the purposes set out in this Privacy Policy. We will retain and use Your
Personal Data to the extent necessary to comply with our legal obligations
(for example, if we are required to retain your data to comply with applicable
laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage
Data is generally retained for a shorter period of time, except when this data
is used to strengthen the security or to improve the functionality of Our
Service, or We are legally obligated to retain this data for longer time
periods.
Transfer of Your Personal Data
------------------------------
Your information, including Personal Data, is processed at the Company's
operating offices and in any other places where the parties involved in the
processing are located. It means that this information may be transferred to —
and maintained on — computers located outside of Your state, province, country
or other governmental jurisdiction where the data protection laws may differ
than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data
is treated securely and in accordance with this Privacy Policy and no transfer
of Your Personal Data will take place to an organization or a country unless
there are adequate controls in place including the security of Your data and
other personal information.
Disclosure of Your Personal Data
--------------------------------
Business Transactions
~~~~~~~~~~~~~~~~~~~~~
If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your Personal
Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
~~~~~~~~~~~~~~~
Under certain circumstances, the Company may be required to disclose Your
Personal Data if required to do so by law or in response to valid requests by
public authorities (e.g. a court or a government agency).
Other legal requirements
~~~~~~~~~~~~~~~~~~~~~~~~
The Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
* Comply with a legal obligation
* Protect and defend the rights or property of the Company
* Prevent or investigate possible wrongdoing in connection with the Service
* Protect the personal safety of Users of the Service or the public
* Protect against legal liability
Security of Your Personal Data
------------------------------
The security of Your Personal Data is important to Us, but remember that no
method of transmission over the Internet, or method of electronic storage is
100% secure. While We strive to use commercially acceptable means to protect
Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
============================================================
The Service Providers We use may have access to Your Personal Data. These
third-party vendors collect, store, use, process and transfer information
about Your activity on Our Service in accordance with their Privacy Policies.
Payments
-------
We may provide paid products and/or services within the Service. In that case,
we may use third-party services for payment processing (e.g. payment
processors).
We will not store or collect Your payment card details. That information is
provided directly to Our third-party payment processors whose use of Your
personal information is governed by their Privacy Policy. These payment
processors adhere to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort of brands like Visa,
Mastercard, American Express and Discover. PCI-DSS requirements help ensure
the secure handling of payment information.
* PayPal
Their Privacy Policy can be viewed at
<https://www.paypal.com/webapps/mpp/ua/privacy-full>
* Square
Their Privacy Policy can be viewed at <https://squareup.com/legal/privacy-
no-account>
Children's Privacy
==================
Our Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13.
If You are a parent or guardian and You are aware that Your child has provided
Us with Personal Data, please contact Us. If We become aware that We have
collected Personal Data from anyone under the age of 13 without verification
of parental consent, We take steps to remove that information from Our
servers.
If We need to rely on consent as a legal basis for processing Your information
and Your country requires consent from a parent, We may require Your parent's
consent before We collect and use that information.
Links to Other Websites
=======================
Our Service may contain links to other websites that are not operated by Us.
If You click on a third party link, You will be directed to that third party's
site. We strongly advise You to review the Privacy Policy of every site You
visit.
We have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes to this Privacy Policy
==============================
We may update Our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior
to the change becoming effective and update the "Last updated" date at the top
of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this
page.
Contact Us
==========
If you have any questions about this Privacy Policy, You can contact us:
* By email: creativequillart@gmail.com
* By visiting this page on our website:
<https://www.creativequillart.com/contact-me>
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