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COMMISSIONED WORKS POLICY
PatronArt.com website ("Site") is owned and operated by PatronArt LLC ("Company"). You agree to follow and be bound by this Commissioned Works Policy ("Commissioned Works Policy" or "CWP" or "Agreement") and to enter into agreement with Company. In these Commissioned Works Policy, the words "you" and "your" refer to each Site visitor or user, "we", "us" and "our" refer to PatronArt.com and PatronArt LLC, and "Services" refers to all services provided by Company. This Commissioned Works Policy is incorporated into the Terms of Use and Privacy Policy.
Purpose . The Company wishes to allow Customers and Artists to engage in the commissioning of art. The purpose of the Commissioned Works Policy is to establish a professional platform allowing Customers the opportunity to commission Artists for original works of art. The Commissioned Works Policy provides the terms for Customers and Artists engaging in the commissioning of works.
Commissioned Work Defined . For purposes of this Commissioned Works Policy, the term "Commissioned Work" shall mean a work of art created or in the process of creation or agreed to be created by an Artist at the request of a Customer pursuant to an agreement entered into by and between the Artist and Customer.
Commissioned Work Process . The following are the processes as it relates to obtaining a Commissioned Work:
Customer desiring a Commissioned Work will initiate request by completion of the requisite form;
A commission ticket will be processed based on the information provided by Customer through the [form] and provided to the Artist;
The Artist who accepts the proposal of Customer will then engage Customer to establish the terms related to the proposal for Commissioned Work;
If an agreement is reached, Customer shall pay the total Commission Fee to the Company (the term "Commission Fee" shall mean the agreed to amount determined by Artist and Customer in exchange for the Commissioned Work);
Upon receipt of the Commission Fee, Artist shall initiate work on the Commissioned Work;
Upon completion of the Commissioned Work, there shall be a review period in accordance with the agreement entered into by and between the Customer and Artist;
Upon approval of Customer, Artist shall cause the Commissioned Work to be delivered to Customer and the Commission Fee shall be released to Artist; and
A 14-day alteration period (the "Alteration Period") shall exist from the time of arrival of the Commissioned Work to Customer for Customer to request reasonable alterations to the Commissioned Work by Artist. Any alteration requested beyond this Alteration Period shall no longer fall under this Commissioned Work Policy and Company will have no further duty to assist with anything related to the Commissioned Work.
Returns . Due to the nature of Commissioned Work, the Company shall accept no returns of any Commissioned Work. The Customer is able to cancel work prior to the final approval of the Commissioned Work. Upon cancellation by Customer prior to the final approval of the Commissioned Work, the Commission Fee shall be assessed a fee in accordance with the percentage of work completed, as detailed in the agreement established and entered into by and between the Customer and Artist, until the point of cancellation (the "Kill-Fee"). The Kill-Fee shall include Company's non-refundable transaction fee.
Ownership . At no time shall Company take, maintain, transfer, or in any other way manage any copyright or license over any Commissioned Work. At all times copyright ownership in the Commissioned Work shall be controlled as agreed to between the Artist and the Customer. This Commissioned Works Policy in no way grants any ownership of or license in and in no way establishes a Works Made for Hire as defined by Section 101 of the Copyright Act relating to the Commissioned Work.
Disputes . Should any dispute arise between the Customer and Artist related to the Commissioned Work, the Company shall in no way act as a judiciary, quasi-judiciary, or as any intermediary body. Such disputes shall be resolved by and between the Customer and Artist in accordance with any agreement entered into between the Customer and Artist and/or in accordance with the applicable governing jurisdiction.
Waiver and Liability Release . AS CONSIDERATION FOR USING THE SITE TO FACILITATE THE COMMISSIONED WORK, CUSTOMER AND ARTIST AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES, LOSSES, OR DAMAGES WHICH MAY BE SUSTAINED STEMMING FROM OR RELATED TO THE COMMISSIONED WORK AND TO WAIVE ANY AND ALL LEGAL CLAIMS THAT THE CUSTOMER AND/OR THE ARTIST MAY HAVE OR CLAIM TO HAVE AGAINST COMPANY. ADDITIONALLY, CUSTOMER AND ARTIST AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, PROFILE INFORMATION, LISTING INFORMATION, DATA, TEXT, INFORMATION, USERNAMES, GRAPHICS, IMAGES, PHOTOGRAPHS, PROFILES, AUDIO, VIDEO, ITEMS, AND LINKS POSTED, TRANSMITTED OR OTHERWISE COMMUNICATED BY ARTISTS, CUSTOMERS, OR OUTSIDE PARTIES ON THROUGH THE SITE.
Guarantees and Warranties . We make no guarantees or warranties related to the Commissioned Work agreed to between Customer and Artist. Further, we make no guarantees or warranties to the satisfaction of the agreed to terms or Commissioned Work between Customer and Artist. Further, we make no guarantees and warranties to the fulfillment of obligations that may arise from the communication between Customer and Artist. Company and Site are not bound by any terms or conditions agreed to between Customer and Artist.
Indemnification . Customer and Artist also agree to indemnify and hold harmless Company and its respective officers, directors, employees, agents, heirs, insurers, representatives, assigns, and others acting on its behalf against all damages sustained or suffered by any persons related to the Commissioned Work. The indemnification shall also include Company's attorneys' fees and costs.
Delivery . Company does not encourage nor endorse the personal delivery of any material created by Artist to any Customer. Company disparages the sharing of any personal or residential address between Customer and Artist. Further, TO THE FULLEST EXTENT PERMITTED BY, COMPANY EXPRESSLY WAIVES LIABILITY ASSOCIATED WITH THE PERSONAL ENCOUNTER BETWEEN CUSTOMER AND ARTIST.
Governing Law; Venue . By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Ohio, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials or Commissioned Work Policy shall be instituted in a state or federal court in the State of Ohio situated in Franklin, County. You agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
Contact . If you have any questions about these Commission Work Policy, the practices of this Site, or your dealings with this Site, you can contact us at support@patronart.com. Further, if you notice a violation of any rights and responsibility of any party or are subject to any illicit or criminal behavior please follow the procedures as set out in the Terms of Use . Further, if you notice or become privy to any intellectual property rights violations, please follow the procedures as set out in the Terms of Use.
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