TERMS OF SERVICE AND CONDITIONS
By purchasing a commission, you are indicating that you've read the Terms of Service and agree with them.
These Terms and Conditions regulate the access and use that the user makes of the website " https://karpeakart.wixsite.com/portfolio " and its derivatives.
The user accepts fully and without reservation, as a whole, these Terms and Conditions, committing to comply. In the same way, the client is obliged to respect and comply with this document regarding the commercial relationships that he maintains with the artist.
In case of not being in agreement with these Terms and Conditions, the user must refrain from entering and using the website, as well as the services offered in this document.
The artist reserves the right to modify these Terms and Conditions when deemed appropriate.
Definitions
Artist: Person who produces the works requested by the client, owner of the registered trademark Karpeak Art and its derivatives.
Customer: The person who purchased the commission
Personal space: Physical locations which may not be public space. For example: inside the client's home, office, among others.
Public space: Physical locations which do not constitute a personal space, which does not belong to the client but to third parties.
Commercial purpose: Purpose to profit from the exhibition, reproduction, edition, and other aspects that involve an economic benefit derived from the work.
Form: Section of the website designed to contact the artist in case of acquiring a work, it requests various contact details.
NSFW: Any for adults, including serious injuries, any type of violence, nudity, sexual topics, description of serious crimes, profanity, insults, and politically incorrect content.
Work: Visual element that results from the application of the work and the knowledge that the artist will elaborate according to the client's specifications.
Written permission or authorization: Document prepared by the artist to agree with the conditions of the exhibition, changes in its creation, and other aspects as established in the Terms and Conditions.
Website: Web page available on the internet corresponding to the domain "https://karpeakart.wixsite.com", and in which you can see the catalog of works made by the artist, access the social networks of the artist, as well as request the preparation of the work through the contact form.
FIRST. WEBSITE
This website "https://karpeakart.wixsite.com" as well as its domains and derived pages, will be the subject of these Terms and Conditions.
SECOND. CONTACT
This website has a section to contact the artist, where the user must specify the details of the work requested, as well as the data requested in the form.
Likewise, the artist may publish and promote their services in various ways, either through advertising campaigns on social networks or email, as well as on other specialized websites.
Office hours will be Monday through Friday from 10:00 to 18:00 hours (Mexico City time zone). After this time the artist reserves the right to attend any user.
THIRD. PRICES
All prices are in USD, additional charges may apply for shipping, as well as for conversion to local currency according to exchange rates in other countries.
The prices displayed on the website are illustrative, but do not necessarily constitute the final cost of the work.
The final cost of the work is based on:
-Hardware and Software that the artist will use in the realization.
-Complexity.
-Number of elements.
-Type of background.
-Textures.
-Weather.
-Techniques.
-Materials
-Among others, these will depend on the request of the work.
If the elaboration of the work entails a term greater than 30 days from the date of commencement of its elaboration, the cost will increase by 50% of the agreed upon.
If the client requires the work in a format other than what is established in the seventh clause of these Terms and Conditions (editable files), the cost will increase by 100% of what was agreed.
The cost established by the artist for the elaboration of the requested works will not be negotiable in any way.
Regarding the promotions that the artist decides to publish, these will have a validity and specific assumptions in which they will apply, among which is mentioned:
-Type of work
-Payment with some form of payment
-Payment with a certain currency.
-Among other.
QUARTER. PAYMENT
The forms of payment accepted to buy a work will be:
- Paypal (https://www.paypal.com )
-Mercado Pago (https://www.mercadopago.com.mx )
-Wire transfer
For the purchase of a work, it will be necessary to pay 50% of the total cost, which will determine the beginning of the artist's work.
The second payment, relative to the remaining 50% of the value of the work, will be the day of delivery of the work, such payment being absolutely necessary for the delivery of the work.
FIFTH. REFUNDS
The client may cancel the elaboration of the work up to 12 hours after confirming it, and the artist must reimburse the amount paid.
After 12 hours later, will be no way to cancel the requested work. The charge made for completed or delivered works will not be reimbursed, nor will there be any reimbursement in case of not respecting the agreement at the end of the third and eighth clauses.
If the artist rejects the commission after the first payment has been made, the amount received must be refunded in full.
The artist reserves the right to proceed legally in case of fraud regarding the use of payment platforms and refund requests.
SIXTH. RESERVATION TO PREPARE WORKS
The artist reserves the right not to accept the elaboration of requested works at their discretion.
SEVENTH. DELIVERY AND SHIPPING
The work will be sent in high quality .jpeg, the digital art service being the service offered by the artist.
The artist is not responsible for creating a physical copy of the work; however, the physical printing of the work can be agreed, and the client must cover the costs of printing and shipping.
In relation to the previous point, it is possible to request a series of prints of the work, which will not be part of a limited edition (numbered) nor will they be physically signed by the artist. It will also be possible to request a unique print, which will be part of a limited edition (numbered) and physically signed by the artist.
The client can have the digital file (.jpeg) for printing the work in private media, as long as the provisions of the ninth clause regarding copyright and reproduction are not infringed, in addition to requesting express permission from the artist to do so.
EIGHTH. DELIVERY TERM
The artist will establish an approximate term for the delivery of the work when the elaboration of the same is agreed, such term does not constitute an obligation and may be deliberately extended up to 60 days.
The artist will send information to the client regularly regarding the progress of the requested work.
If the client requires it, an emergency rate will be agreed upon when contracting the service, where the maximum date for the delivery of the work will be established.
Likewise, the artist may deliberately cancel the development of the work without granting any refund when the client harasses, threatens or insults the artist for the period of development of the work.
NINTH. COPYRIGHT AND REPRODUCTION RIGHT
The client may not distribute, reproduce or obtain economic benefit from the exhibition, resale of the work, nor may he edit, alter or track the work, this includes the prohibition of removing the artist's autograph signature.
Regarding the previous point, mention that the artist will be the owner of the commercial rights of the work and its preliminary or incidental designs, those are described in a non-limiting way:
-Right of distribution
-Right of reproduction
-Right of commercial use
-Among others
It is possible to negotiate the right of commercial use through an external agreement, which will be drawn up by the legal team of the artist, likewise for exhibition in public spaces, the artist must grant up by legal team of the artist, which may generate additional fee.
If the client wishes a piece of art that me infringe third party copyrights, the client must ensure that he has made all the necessary steps not to infringe them, as well as the corresponding payments for the use of these, and expressly accept to have made all the imperatives steps for it. If this is not the case, the customer will be solely responsible.
The client may exhibit the work in personal and private spaces at any time, in addition to publishing the visual material on social networks always credit the artist, placing a link to social networks, which can be the following:
- @karpeakart on Instagram
- Karpeak Art on Facebook
- www.karpeakart.com as a website
The client must refrain from competing with the purchased work and presenting it as his own work, without granting the credits related to the artist, which will lead the artist to participate in the prize that takes place. There may be a work order to compete, which must be in writing.
TENTH. WORK FOR COMMERCIAL USE
The client may request the artist to perform the work for commercial purposes, notice will be given before the artist begins work and such determination will work in an agreement drawn up by the artist's legal team.
If the client expresses the intention that the work has participation in any audiovisual or photographic material, he must express it before starting with the elaboration of the work, so that such permission is recorded in a written document, in addition to being obliged to grant credits at all times to the artist.
ELEVENTH. CONFIDENCIAL WORK
If the client decides that the work is confidential, notice must be given before the artist begins work and such determination will be based on an agreement drawn up by the artist's legal team.
The purpose of the above agreement will be that the artist temporarily delays the public and social exhibition of the work, but it will not be confidential for an indeterminate time.
TWELFTH. ART DISAGREEMENT
If the client is unsatisfied when the work is delivered, he/she must state it within seven days of receipt. If the artist finds the claim justified, the changes that are justified will be made.
THIRTEENTH. NSFW WORKS
The client may request the elaboration of a NSFW (Non Safe For Work) work, for this he must show official identification to prove the age of majority in his country of residence.
NSFW content will in no way comprise:
- Animal cruelty (Distinguish from Furry Art)
- Underage characters in sexual situations
- Sexual abuse
- Situations that incite hatred
The client who acquires a NSFW work may only display it on websites or social networks that allow such content and may in no way involve the artist in any conflict or litigation arising from posting it on improper sites.
The client will not be able to exhibit photographs so that certain people are shown in the work, he/she will only be able to express characteristics for the realization of the characters that appear in the work.
Likewise, if the client who acquires a NSFW work related to criminal situations, he should not use them as visual references or incite their commission.
FOURTEENTH. ELABORATION OF THE WORK
The artist will begin to elaborate the work contracted by the buyer once the payment has been made in accordance with the provisions of the fourth clause of this document.
The way of working and elaboration of the work will include the following aspects:
- Preliminary sketch
- Refined sketch
- Color or value planes
- Shading stage
- Stage lights and reflections
- Cleaning stage and post production adjustments
It is the responsibility of the artist to notify the stage in which the process of elaboration of the work is located, as well as the transitions between them.
In the stage concerning the Preliminary Sketch and Refined Sketch, the client may request any changes regarding the structure of the work.
The client may request changes in the colors of the work in the stage related to the color or value Planes.
It will not be possible for the client to request changes relating to completed stages in any way, unless there is written agreement, which will generate extra fees at the discretion of the artist.
Finally, the client may not keep, distribute, edit, publish or dispose of the previous designs of the work according to the ninth clause of these Terms and Conditions. The artist may grant written permission to the client to dispose of the work in its preliminary versions.
PRIVACY POLICY
This Privacy Policy governs this domain in the same way as the Terms and Conditions regarding the use of user or buyer information, which are also accepted with the use of this website.
This website uses cookies and various forms of navigation tracking regarding users within the portal, this is done automatically.
The data collected automatically by entering this website will be:
- IP Address
- Browser type and version
- Operating system
Such information will be used to improve the performance of the website, as well as to prepare various statistics that allow optimizing the user experience, make suggestions to other customers, provide a better service, make statistics regarding advertising, comply with legal requirements, improve and update the catalog of works.
The information required for the preparation of the work, according to the contact form will include, but not limited to:
-Name
- Email address
-Age
- Phone number (optional)
- Other means of contact
- Description of the requested work
Age will be an essential requirement when requesting work of NSFW content, and must also show a copy of identification, which will be sent through some means of communication and will be used only for informational purposes.
The artist will not be responsible for the erroneous or fraudulent use of information that is established in the contact form that involves or damages third parties.
All the information collected, automatically or through the contact form can be stored, transferred or accessed by the artist's team or third parties for advertising, statistical purposes or to improve the experience, taking at the moment the necessary measures to guarantee the proper treatment of the information in a secure way. If the information is requested by jurisdictional authorities, it will be provided without delay.
Prevention measures against computer attacks will be implemented, but the transmission of information in an unwanted way is not ruled out, to which it will be notified as soon as possible so that users carry out the necessary steps to protect the data in question.
TERMS OF USE
Important notice: This agreement contains a provision biding in which both parties expressly agree that in case of interpretation and/or execution of this contract they submit to the jurisdiction of the laws and courts of the Mexican Goverment, waiving to the effect any jurisdiction that may correspond to them by reason of their domicile or location of their assets, present or future.
LEGAL AGREEMENT
These terms are a legal agreement between the Artist and you. These terms contain important information about your legal rights, remedies, and obligations. Except as provided at the time of accepting jurisdiction by the Mexican state, by accessing the Site and using the services, you, your guardians, your heirs, assigns and successors, acknowledge that you have read and understood these Terms, and you agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you may not access, browse, or otherwise use any part of the Services, and you must discontinue all use of the Services immediately.
To use the Services, you must be, and represent and warrant that you are of age, 18 years of age at the time of entering the site, in accordance with the applicable Mexican law, or in its defect in your country of residence, making it clear that it is subjected to the rules of Mexico. If you use the Services on behalf of another person/entity, you represent and warrant that you have the authorization to link to that identity, your acceptance of the Terms, otherwise all Services will be suspended and you will be given notice to the authority authorized to know of it. In the event that the Artist has previously prohibited you from accessing or using the Services, you will not be permitted to access or use the Services.
All information will be kept in English for better understanding and the English translation will only be informative, that is to say, that the Spanish version is the only one applicable, and the agreements, conventions, and contracts will be held as stipulated in Spanish.
Some of the services require you to pay a fare, the details of which will be available on several of the airlines on this page.