Terms and Conditions
Agreement between User and www.katrinabryefineart.com
Welcome to www.katrinabryefineart.com. The www.katrinabryefineart.com website (the ”Site”) is comprise of various web pages operated by Katrina Brye Fine Art (“Katrina Brye Fine Art”). www.katrinabryefineart.comis offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.katrinabryefineart.com constitutes your agreement to all such Terms. Please read these terms carefully.
www.katrinabryefineart.com is an online portfolio and E-Commerce Site.
Privacy
Your use of www.katrinabryefineart.com is subject to Katrina Brye Fine Art’s Privacy Policy. Please review our Privacy Policy, Which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.katrinabryefineart.com or sending emails to Katrina Brye Fine Art constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Katrina Brye Fine Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.katrinabryefineart.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.katrinabryefineart.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Katrina Brye Fine Art and Katrina Brye Fine Art is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Katrina Brye Fine Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Katrina Brye Fine Art of the site or any association with its operators.
Certain services made available via www.katrinabryefineart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.katrinabryefineart.comdomain, you hereby acknowledge and consent that Katrina Brye Fine Art may share such information and data with any third party with whom Katrina Brye Fine Art has a contractual relationship to provide the requested product, service or functionality on behalf of www.katrinabryefineart.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.katrinabryefineart.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Katrina Brye Fine Art that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials of information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Katrina Brye Fine Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Katrina Brye Fine Art content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Katrina Brye Fine Art and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Katrina Brye Fine Art or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Katrina Brye Fine Art from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Katrina Brye Fine Art content accessed through www.katrinabryefineart.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Katrina Brye Fine Art, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third part, or your violation of any applicable laws, rules or regulations. Katrina Brye Fine Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Katrina Brye Fine Art in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Katrina Brye Fine Art agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Katrina Brye Fine Art and/or its suppliers may make improvements and/or changes in the site at any time.
Katrina Brye Fine Art and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Katrina Brye Fine Art and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Katrina Brye Fine Art and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Katrina Brye Fine Art or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
Katrina Brye Fine Art reserves the right in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive. Jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Katrina Brye Fine Art as a result of this agreement or use of the Site. Katrina Brye Fine Art’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Katrina Brye Fine Art’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Katrina Brye Fine Art with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Katrina Brye Fine Art with respect to the Ste and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Katrina Brye Fine Art with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintain in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Katrina Brye Fine Art reserves the right, in its sole discretion to change the Terms under with www.katrinabryefineart.com is offered. The most current version of the Terms will supersede all previous versions. Katrina Brye Fine Art encourages you to periodically review the Terms to stay informed of our updates.
Terms of Purchase: Custom Artwork
Section I – General
The artist reserves the right to refuse a commission without reason or explanation
Inappropriate/aggressive behavior of any kind will not be tolerated. Should this or a breach of the Terms of Service occur, the artist may stop or cancel the commission.
Poor communication may also be grounds for stopping the commission.
The client must read, understand, and agree to all the terms. By continuing with the commission and going forth with the payment, the client has agreed to the above terms
Section II – Payment/Prices
All prices are in United States Dollars.
Prices are subject to change according to size, complexity, and/or detail of the piece at the discretion of the artist.
Payment is made in two parts on all artworks. 50% of payment is expected immediately as a deposit before artwork is started. The remaining 50% of payment is expected immediately after the completion of the work and the artwork will not be released until payment in full has been made.
Payments must be made on the platform of the artist’s choice: PayPal, Venmo, Cashier’s Check.
Invoices are required to be paid in full within 10 days of sending them. If sending payment by mail, posted date must be within 10 days of the initial invoice.
Individual payment plans can be made after the $100 threshold.
A group commission must be paid for by 1 (one) person in order to avoid complications and miscommunications.
If the commission is needed by a specific deadline that is communicated to the artist in advance, the artist may apply a fee at their discretion.
Final prices stated by the artist are non-negotiable.
Section III – Process/Deadline/Communication
The client must provide clear and concise references/descriptions of their subject matter in order to avoid confusion.
Any written text or communication must be in English.
Quotes may be provided at the client’s request. They do not represent the final price. They are only an estimate at the time of sending and can be changed at any point in the future at the artist’s discretion.
Clients may request changes during the sketching process. Changes applied after this check in may require an extra fee based on the nature or complexity of the change.
Final commission piece will be sent through email, Dropbox, WeTransfer, or traditional post based on the client’s choice in order to receive the full quality image.
The platform for communication must be established in advance so that both the client and artist can have a reliable line of communication, whether it be over email, instant messaging, etc.
Allow up to 2 months for commission turnaround unless otherwise stated.
Section IV – Rights
The commissioned piece may NOT be used for commercial purposes and cannot be redistributed or reproduced. The client may NOT make any profit off of the piece, which includes but is not limited to digital prints, physical items, etc.
The artist retains all rights to the piece of artwork itself, including the right to make any merchandise. This must be communicated with the client in advance and have the client’s full consent.
Removing and artist watermarks and/or signatures is a violation of these terms.
The artist retains the right to crop, edit, or alter the image for promotional use.
The artist does not claim any rights to any intellectual property, or the character(s) presented.
The client may not alter or edit the piece of artwork itself unless agreed upon by the artist.
If permission has been obtained from the artist, the piece may be reposted to their platforms of so long as full credit is given to the artist.
The client may not claim the commissioned piece as their own work in any way, shape, or form. This includes lack of credit to the artist when posting the work.
The commissioned artwork may not be resold.
The artist is not responsible for providing the client with a physical object, print, merchandise, etc. of all digital artwork, unless agreed upon in which a fee may be applied. Clients will be provided with the original only of all traditional artwork.
The client may print a copy of the commissioned artwork for personal use if provided with written consent by the artist. It may not be redistributed or sold in any way.
Section V – Refund Policy
If the client wishes to cancel the commission before the artwork has been started, there are no repercussions. The commission will be cancelled, a refund of the initial deposit will be made, and no further action needs to be taken.
If the client wishes to cancel the commission after beginning any work, a cancellation fee will be required at the artist’s discretion.
If the client wishes for a refund after the commission is completed, no refund will be provided.
Section VI – Other
By providing the client with a link of communication to the artist, the client agrees to act in a professional manner.
The client may not redistribute the artist’s contact in any way unless agreed upon by the artist in advance.
Should any terms of service be breached, or the artist incurs damages caused by the client, the artist reserves the right to either issue a takedown DMCA notice or pursue damages through the Copyright Law of the United States.