TERMS, CONDITIONS, & POLICIES
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Copyright Policy:
As an artist, I take my intellectual property rights seriously and I value the creative work that I produce. This Copyright Policy explains the terms and conditions under which I provide access to my artwork and commissioned work, and the steps I take to protect my work.
Copyright Ownership:
All artwork and commissioned work created by me, Annie Jan, is protected by copyright laws. Copyright protection covers all original work that is fixed in a tangible medium, such as a painting, drawing, photograph, or digital image. I own the copyright to all of my original artwork and commissioned work, unless otherwise agreed upon in writing.
Permission to Use Artwork:
Clients purchasing my artwork or commissioning a piece from me, are granted permission to display and enjoy the artwork for personal, non-commercial use only. Any other use of the artwork, including reproduction, distribution, modification, or commercial use, requires my prior written permission. Any use of my artwork without permission is strictly prohibited and may result in legal action. When displaying or using my artwork on social media or any public platform, the client must credit me as the artist.
Commercial Use:
If a client wishes to use my artwork for commercial purposes, they must obtain my prior written permission and agree to pay the appropriate licensing fee. Commercial use includes any use of my artwork in a product or service that is sold or marketed for a profit. The licensing fee will depend on the specific use and scope of the commercial project.
Termination of Use:
I reserve the right to terminate any permission granted to use my artwork or commissioned work at any time, if the client breaches any of the terms of this Copyright Policy or if I decide to terminate the agreement for any reason. Upon termination, the client must immediately cease all use of the artwork and commissioned work and remove any reproductions or copies from their possession.
Moral Rights:
As the artist, I retain the moral rights to my artwork, including the right to be credited as the artist, the right to object to derogatory treatment of the work, and the right to control the first public display of the work. These moral rights are separate from the copyright and cannot be transferred to another person, even if the copyright is sold or licensed.
Clients are required to respect my moral rights and must obtain my prior written permission before making any changes to the work that could be considered a violation of my moral rights. Clients must also ensure that my moral rights are protected when displaying or using my artwork on social media or any public platform.
Copyright Infringement:
I take copyright infringement and violations of my moral rights seriously and will take legal action against anyone who uses my artwork without permission or violates my moral rights. If you believe that your intellectual property rights or my moral rights have been infringed upon, please notify me immediately so that I can take appropriate action.
International Copyright Protection:
Copyright laws vary from country to country, but my artwork is protected under the copyright laws of the United States. Clients purchasing my artwork or commissioning a piece from me from outside the United States should be aware of the copyright laws and moral rights protection in their country and comply with them accordingly.
Modification of Copyright Policy:
I reserve the right to modify or update this Copyright Policy at any time. Any changes to the policy will be posted on my website and will be effective immediately upon posting.
Disclaimer:
The information provided in this Copyright Policy does not constitute legal advice. Clients should seek legal advice if they have any questions or concerns regarding their use of my artwork.
If you have any questions or concerns about this Copyright Policy or my moral rights as the artist, please contact me at: contact@anniejan.com
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Thank you for your interest in commissioning or purchasing artwork from Annie Jan Art. Please read the following policies carefully before submitting your commission form.
Completion of Pet Portrait Commission: On completion of your commission form, you will be sent a verification email. Annie Jan Fine Art will ship the artwork to you within 2 - 6 weeks of the order being placed. When your artwork has been shipped, you will be sent an email notification of shipping that includes the delivery tracking number if applicable.
Payments; eCommerce Payment Processor: Payments are made through a third-party payment processor, Stripe, and processing of payments is subject to the third party's Terms of Service and Privacy Policy. You agree to pay Annie Jan Art, through the payment processor, the full amount as charged.
Customer Complaints: If there are any problems or discrepancies with your order, you shall notify Annie Jan Art within 72 hours of receipt of your delivery via email to contact@anniejan.com. I will work with you to resolve the issue as quickly as possible.
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This Pet Commission Work-for-Hire Agreement (the "Agreement") is made and entered into by and between Annie Jan (the "Artist") and [CLIENT NAME] (the "Client").
Scope of Work. The Artist agrees to create a pet commission artwork (the "Artwork") for the Client, based on the Client's specifications as set forth in Exhibit A.
Payment. The Client agrees to pay the price of the Artwork as stated at checkout on the Artist's website, payable as follows: [PAYMENT TERMS]. The Client warrants that their billing and payment information is accurate and valid and that the payment is not fraudulent after checkout. In the event that the payment is found to be invalid or fraudulent, the Artist may terminate this Agreement and the Client will be responsible for any costs or damages resulting from such termination. The Client also agrees that by agreeing to this Agreement, they give the Artist the right to contact or reach out to the Client by email or phone number if the Artist suspects fraudulent activity.
Ownership. The Artist agrees that the Artwork is a work made for hire and that all rights, title, and interest in and to the Artwork, including all copyrights, belong exclusively to the Artist. The Client has no right to reproduce, distribute, display, or prepare derivative works based on the Artwork without the Artist's express written permission.
Artist's Representations and Warranties. The Artist represents and warrants that:
The Artwork is original and does not infringe upon any third-party rights;
The Artist has the right to grant the rights and licenses set forth in this Agreement without the need for consent or permission from any third party;
The Artwork does not contain any defamatory, obscene, or unlawful content;
The Artist's address is accurate and valid, and they are not engaging in any fraudulent activity; and
The Artwork will be delivered to the Client within the time frame specified in Exhibit A.
No Distribution. The Artist retains the right to display the Artwork on their website, social media, or portfolio, but may not sell or distribute the Artwork without the Client's express written permission.
Address Verification. Prior to commencing work on the Artwork, the Client must verify their address with the Artist through a method agreed upon by both parties.
Termination. This Agreement may only be terminated by the Artist in the event of unforeseen circumstances that make it impossible for the Artist to complete the Artwork. In such event, the Artist will promptly notify the Client and refund any amounts paid by the Client. The Client may not terminate this Agreement except for breach by the Artist of any material term of this Agreement.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, agreements, or understandings, whether oral or written.
Exhibit A: Pet Commission Artwork Specifications
[Description of the desired artwork, including the number and type of pets to be included, the preferred medium, and any other relevant details.]
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All sales of commissioned pet portraits are final. Once payment is processed, the sale cannot be refunded, except in the case of a damaged piece due to shipping, which must be reported within 72 hours of receipt with proof of damage. If the pet portrait arrives damaged, we will work with you to find a solution and resolution, which may involve commissioning another artwork. Please note that this process takes time as each piece is made to order.
By commissioning a pet portrait from us, you agree to our no-refund policy as outlined in these terms. We ask that you please carefully read and understand this policy before making a purchase. We are committed to ensuring that each artwork meets your needs, so please review all information about the artwork and provide accurate and detailed instructions. This will help avoid any potential issues with the final product.
Please contact us if you have any questions or concerns about our policies or the artwork before making a purchase. We are happy to address any questions or concerns you may have to ensure a positive experience.
The sole circumstance under which a refund will be offered is in the event that we are unable to fulfill our obligations due to unforeseen circumstances. Please be aware that any deposits or payments made towards the commission are non-refundable, except in cases where we are unable to fulfill our obligations due to circumstances beyond our control. By agreeing to this policy, you acknowledge and accept these terms.
Thank you for choosing Annie Jan for your artwork needs. We appreciate your understanding and support of our policy. If you have any questions or concerns about this policy, please contact us at: contact@anniejan.com
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I am committed to providing high-quality artwork and ensuring customer satisfaction. I strive to start the creation process as soon as possible after receiving your order, which means that I invest a significant amount of time and effort into each commission.
Therefore, once an order has been placed and the artwork creation process has begun, I cannot accept cancellations or provide refunds. This policy is in place to protect me and my time and effort invested in the creative process.
I understand that purchasing artwork can be a significant investment, and I encourage my customers to think carefully and consider their decision before placing an order. I want my customers to be happy with their purchases, and I take pride in providing exceptional customer service throughout the commission process.
In the event that there is a problem with your order, please contact me immediately, and I will do my best to address the issue and find a satisfactory resolution. My goal is to provide a positive and enjoyable experience for all of my customers, and I appreciate your understanding of my cancellation policy.
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INTRODUCTION:
These terms, policies, and conditions (hereinafter referred to as the "Agreement") govern the purchase of art prints and copyrights from Annie Jan (hereinafter referred to as the "Seller"). By purchasing an art print, you (hereinafter referred to as the "Buyer") agree to be bound by the terms and conditions outlined in this Agreement.OWNERSHIP AND COPYRIGHT:
a) The Seller, Annie Jan, retains full ownership and all rights to the art print, including but not limited to copyright and reproduction rights. The purchase of an art print does not grant any rights or licenses to reproduce, distribute, display, or create derivative works from the art print unless explicitly granted in writing by Annie Jan.b) The Buyer acknowledges and agrees that any unauthorized use, reproduction, or distribution of the art print or any portion thereof may infringe upon Annie Jan's intellectual property rights.
PURCHASE PROCESS:
a) Annie Jan will provide accurate and detailed information about the art prints available for purchase, including but not limited to the title, artist, medium, dimensions, edition, and whether it is signed and numbered by the artist.b) The Buyer shall review the information provided by Annie Jan and make a well-informed decision before making a purchase. Once the purchase is completed, it is considered final and non-refundable unless otherwise specified by Annie Jan.
ART PRINT CONDITION:
a) Annie Jan strives to accurately represent the condition of the art print through photographs and descriptions. However, minor variations in color, texture, or appearance may occur due to variations in computer monitors or artistic techniques.b) The Buyer acknowledges that art prints may exhibit subtle imperfections inherent in the printing process, and such imperfections shall not be considered defects.
SHIPPING AND DELIVERY:
a) Annie Jan will package and ship the art print to the Buyer using reasonable care and commercially reasonable shipping methods. The Buyer shall be responsible for any applicable shipping costs, including insurance and customs fees, unless otherwise agreed upon in writing by the Parties.b) Annie Jan shall not be held liable for any damage or loss that occurs during shipping, provided that reasonable precautions have been taken to package the art print securely.
USE AND DISPLAY:
a) The Buyer agrees to use and display the art print in a manner that respects the artist's reputation and artistic intent. The Buyer shall not use the art print in any way that could be considered defamatory, offensive, or derogatory towards Annie Jan.b) The Buyer shall not alter, modify, or tamper with the art print in any way that could damage its integrity, including but not limited to removing the artist's signature or altering the work's original form, unless explicitly granted in writing by Annie Jan.
DISCLAIMER OF WARRANTIES:
a) The art prints are sold "as is," without any warranties or representations, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
b) Annie Jan does not guarantee the accuracy, completeness, or reliability of any information provided regarding the art print, including but not limited to its condition, origin, or provenance.
LIMITATION OF LIABILITY:
a) In no event shall Annie Jan be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the purchase, possession, or use of the art print.b) Annie Jan's liability for any claim related to the art print shall be limited to the purchase price paid by the Buyer.
GOVERNING LAW AND JURISDICTION:
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in California.ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the Parties and supersedes any prior agreements, understandings, or representations, whether oral or written, relating to the subject matter of this Agreement. -
At Annie Jan Art, I want my customers to be completely satisfied with their purchases. Unfortunately, due to the delicate nature of artwork, I do not accept returns or exchanges. All sales are final.
Upon placing an order, the order is promptly transmitted to our fulfillment center, where we have streamlined our turnaround time to optimize efficiency and ensure timely delivery of your print. Regrettably, due to the expeditious nature of our operations, we are unable to accommodate requests to modify or cancel orders once they have been placed.
However, I understand that unforeseen circumstances can occur during the shipping process. If you receive damaged artwork due to shipping, please email me at contact@anniejan.com with a clear photo of the damaged artwork and packaging within 72 hours of receipt. I will review the evidence and work with you to find a solution, which may include resending another print upon proof of damage.
Please note that any damage caused by mishandling, misuse, or accidents is not covered by my return policy. In addition, any products that have been personalized, altered, or modified in any way cannot be returned or exchanged.
I take great care to ensure that my artwork is of the highest quality and packaged with the utmost care. If you have any concerns about your order, please refer to my Refund Policy for additional information or contact me and I will be happy to assist you. Contact@anniejan.com
Thank you for choosing Annie Jan Art. I appreciate your business and look forward to serving you in the future.
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At Annie Jan Art, I take pride in ensuring that my artwork is carefully packaged and shipped to my customers in a timely and secure manner. Please read the following policies carefully before placing your order.
Shipping Methods: I use a variety of shipping methods, including USPS, FedEx, and UPS, to ensure that your artwork is delivered safely and promptly. Shipping rates are calculated based on the weight and dimensions of the artwork, as well as the destination address.
Shipping Times: Once your order has been received and processed, please allow 7-21 days for me to create and ship your artwork. You will receive a shipping confirmation email that includes a tracking number when your artwork has been shipped. Please note that shipping times may vary depending on your location and the shipping method selected.
Shipping Fees: Shipping fees are calculated based on the weight and dimensions of the artwork, as well as the destination address. Shipping fees will be added to your order at the checkout, and you will have the opportunity to review the shipping charges before completing your purchase.
International Shipping: I offer international shipping to most countries. Please note that international shipping rates and delivery times may vary depending on the destination country's customs regulations and shipping restrictions. All international orders are subject to customs fees, taxes, and duties imposed by the destination country's government. These fees are the responsibility of the customer and are not included in my shipping charges.
Damaged or Lost Shipments: In the unlikely event that your artwork is damaged or lost during shipping, please contact me immediately, and I will work with the shipping carrier to resolve the issue. I may request that you provide photographs of the damaged artwork and the original packaging to assist with the claims process.
If you have any questions or concerns about my shipping policies, please contact me, and I will be happy to assist you.
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Annie Jan Art sells original works of art by Annie Jan through the website www.anniejan.com. This Privacy Policy describes what information is collected, used, and shared by visitors and users of this site. By using this site you are agreeing to the Terms and Conditions, and Privacy Policy. If you do not agree with these policies, your sole remedy is to not use this site.
Personal Identifying Information; Your personal information is only used for the purpose of fulfilling orders, sending newsletters, and customer support. Your personal information is not shared with third parties other than third-party service providers for the sole purpose of providing these services.
Fulfilling Orders; This Site collects and retains information related to transactions carried out on this site for the purpose of fulfilling orders, including your name, phone number, email, and address. This site uses third-party e-commerce payment processors Stripe. When using these Payment Services, they collect and store personal information required to complete the purchase, as outlined in their Privacy Policies.
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This Site offers a subscription to a third-party newsletter service provider, Mailchimp, to notify subscribers of studio updates, announcements for new work, press releases, and invitations to art events. When you sign up for this service you agree to have your name and email stored for the sole purpose of providing this service. Refer to Mailchimp for its terms and conditions and privacy policy.
Usage Information; This site uses Google Analytics and Squarespace Analytics, these services are subject to their Terms and Conditions and Privacy Policies.