Sarah's Realm Terms and Conditions of Service
Agreement Between User and SarahsRealm.com
Welcome to SarahsRealm.com. The SarahsRealm.com website (the "Site") is comprised of various web pages operated by Sarah's Realm. SarahsRealm.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of SarahsRealm.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
SarahsRealm.com is a Freelance Artistry Site focusing on Illustrations and Graphic Designs by Sarah O'Leary.
SarahsRealm.com is Freelance Artistry Site.
Visiting SarahsRealm.com or sending emails to Sarah's Realm 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 communication be in writing.
Children Under Thirteen
Sarah's Realm 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 SarahsRealm.com only with the permission of a parent or guardian.
As the artist, Sarah O'Leary of Sarah's Realm, I retain all of the rights to the commissioned artwork, including, but not limited to, the right to make prints and merchandise. This includes the right to display commissioned work on any personal website, gallery, or journal and the right to alter the commissioned work to make it more generic for prints and merchandise.
The Client may not make prints of the artwork for resale, or profit from the artwork beyond the resale of a physical original art piece. The Client may resize or crop the artwork to create personal use digital icons but may not edit the original artwork itself. The Client may also upload the artwork to their personal website or gallery, but credit is required, and it must be the watermarked version of the artwork. The Client may purchase prints for personal use.
Sketches, and all other forms of preliminary visual work, that has, or has not, been rejected by the Client are the property of the Artist, and may be used by the Artist for any future commissions or personal works.
The Client may purchase the rights to the artwork for an additional fee. The price of the rights to the artwork is equal to the commission total for the first 30 days. Once the rights have been purchased the artwork will no longer be used by the artist for prints and merchandise.
After the first 30 days the fee for rights is raised by double the original commission price. After the 90 day completion of the commission the option to buy the rights will be on a case by case basis if possible to purchase.
The Artist holds the right to refuse the sale of rights to any commission at any time.
Rights Refund Policy
If the Client changes their mind after purchasing the rights, they may request a refund within 24 hours of purchasing. If a refund is issued, the Artist continues to retain all the rights to the commissioned artwork, including the right to make prints and merchandise.
After 24 hours from payment, the sale of the rights is considered final.
Cancellation and Refund Policy
The Client agrees to pay a non-refundable deposit of 50% of the total quoted amount if the total piece is under $100, or 30% if the piece is $100 or over, in order to commence any commission. The price of any commission is on a case by case basis and the starter prices can be found on Sarah's Realm Commission Price List section.
If the Client wishes to cancel their commission before the initial 24 hours, from payment, a full refund will be issued. The Client will receive no artwork after the cancellation.
If the Client wishes to cancel their commission after the initial 24 hours, from payment, a refund will be issued of the amount excluding the non-refundable deposit. The Client will receive no artwork after the cancellation.
No cancellations accepted after the 45 day period or the completion of the artwork, whichever comes first.
Regarding completed digital and not digital works; ALL SALES ARE FINAL. NO REFUNDS. NO RETURNS.
Should a piece be considered undeliverable or shipped back to Sarah's Realm the Client may pay shipping to have it sent back to them. If no payment is processed within 10 Days the piece will be open to purchase by the general public. The Client is responsible for providing the correct shipping address as well as responsible for shipping costs.
Exchanges (if applicable)
Sarah's Realm will only replace items if they are damaged during shipment. If your art arrives damaged, please send Sarah's Realm an email with photos of your damaged goods attached. Replacements will not be made for artwork damaged by the recipient.
The Artist retains the right to refuse any exchanges or refunds.
Artist's Right To Cancel
The Artist reserves the right to decline and cancel commissions should the Client become rude, disrespectful, threatening, portray inappropriate behavior, and so forth. The Artist also reserves the right to decline and cancel commissions due to poor communication, or inability to communicate in clear/effective English. In such instances, the commission will be cancelled and a full refund will be issued to the Client excluding the non-refundable deposit. The Client will receive no artwork after the cancellation.
The artist also retains the right to cancel a commission and issue a refund, excluding the initial deposit, due to unforeseen inability to complete the commission. The Client will receive no artwork after the cancellation.
Your use of the services provided by Sarah's Realm is subject to Sarah's Realm Rights Policy. Please review our Rights Policy to know the Rights Refund and Cancellation practices.
Links to Third Party Sites/Third Party Services
Sarah's Realm may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sarah's Realm and Sarah's Realm is not responsible for the contents of any Linked Site, including without limitations any link contained in a Linked Site, or any changes or updates to a Linked Site. Sarah's Realm is providing these links to you only as convenience, and the inclusion of any link does not imply endorsement by Sarah's Realm of the site or any association with its operators.
Certain services made available via SarahsRealm.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the SarahsRealm.com domain, you hereby acknowledge and consent that Sarah's Realm may share such information and data with any third party with whom Sarah's Realm has a contractual relationship to provide the requested product, service or functionality on behalf of SarahsRealm.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as compilation thereof and any software used on the Site, is the property of Sarah's Realm or its suppliers and protected copyright and other laws to 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 thereof.
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 a whole or in part, found on the Site. Sarah's Realm 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 propriety 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 Sarah's Realm 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 Sarah's Realm or our licencors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Sarah's Realm from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sarah's Realm Content accessed through Sarahrealm.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Sarah's Realm, 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 party, or your violation of any applicable laws, rules or regulations. Sarah's Realm 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 Sarah's Realm in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning the Terms and Conditions, or any provisions hereof, whether in contract, tort or otherwise a law or in equity for damages or any other relief, then such dispute shall be resolved only by a final and binding arbitration pursuant of the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgement may be entered upon it any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns the Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
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. THESE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH 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 Sarah's Realm agree otherwise, the arbitrator may not consolidate more than one person's claim, and may not otherwise preside over any form of a representative or class proceeding.
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 SARAH'S REALM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SARAH'S REALM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUSTAINABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTENT 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. SARAH'S REALM AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Sarah's Realm reserves the right, in the 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 California and you hereby consent to the exclusive jurisdiction and venue of courts in California in a ll 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 Sarah's Realm as a result of this agreement or use of the Site. Sarah's Realm's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sarah's Realm's right to comply with government, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sarah's Realm 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 Sarah's Realm with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sarah's Realm with respect to the Site. A printed version of this agreement and 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 maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written English.
Changes to Terms
Sarah's Realm reserves the right, in its sole discretion, to change the Terms under which SarahsRealm.com is offered. The most current version of the Terms will supersede all previous versions. Sarah's Realm encourages you to periodically review the Terms to stay informed of our updates.
Sarah's Realm welcomes your questions or comments regarding the Terms:
5501 Norris Rd Apt 34
Bakersfield, Ca, 93308
Effective as of
November 17, 2018