TERMS OF SERVICE
INTRODUCTION
These Terms of Service (ToS) contain legal terms and conditions that govern the use of services provided to you by BirdSeedsLtd, also referred to in these ToS as "we,”, "our,", and "us.”.
By using our services, you agree to be bound by Section I: General Terms, which contains provisions applicable to all services and works provided by BirdSeedsLtd.
Section I: General Terms
1. Project Overview
BirdSeedsLtd is a freelance illustrator, producing own works and commissioned works. The service provided by BirdSeedsLtd is on an "as available" basis. We reserve the right to modify, suspend, or discontinue the service at any time and without notice. Furthermore, every commission gets reviewed and we reserve the right to refuse requests based on our discretion. You agree that BirdSeedsLtd is and will not be liable for any modification, suspension, or discontinuance of the service.
2. Creative Visions
You agree to accept the artist's creative vision and their creative expression. We ensure that the skill level and art styles are represented as in the displayed portfolios and collections.
3. Payment and Methods
BirdSeedsLtd accepts payments through Paypal, or commerce platforms such as Etsy. We do not accept direct bank transfers. Works will be made available on an agreed platform after receiving the payment or payment conformation. Pricing, fees and payment deadlines are dependent on the complexity of the project, type of license that is transferred with it, payment method and platform used for the transfer. A 50% upfront payment is in place for larger projects.
4. Delivery, Distribution and Use
The artworks can be used depending on the license that is agreed upon transfer. BirdSeedsLtd own the rights to their artwork, unless specifically all rights are transferred for a lifetime. The works will be provided via the means agreed upon transfer. The following transfers of rights are displayed with a percentage that the buyer has to pay on top of the project/work price:
Extra rights (30%);
Exclusive rights to industry for 5 years (65%);
Exclusive all rights for 5 years (100%);
Exclusive to industry for lifetime (150%);
Non-exclusive all rights for lifetime (200%);
Exclusive all rights for lifetime (300%).
You may not reproduce, distribute, publicly display, or prepare derivative works based on any of the artwork without the accordingly purchased license and/or crediting BirdSeedsLtd.
5. Copyright and Grant of Rights
BirdSeedsLtd is the owner of their copyright and holds the rights of authorship on their intellectual property. You are allowed to use the artwork accordingly to the transferred license.
BirdSeedsLtd holds the right to use their artwork in their portfolio and other self-promotion. You cannot claim different authorship of their intellectual property.
6. Conditions
You accept the artist's creative vision. Any revisions are made only after completed transfers and communication with BirdSeedsLtd. An extra rate or fees may be charged for revisions. Any request of modifications to the artwork has to be agreed upon by BirdSeedsLtd. You are not allowed to modify our intellectual property without the express written consent of BirdSeedsLtd.
7. Returns, Exchanges, Cancellations and Expiration
BirdSeedsLtd remains the right to terminate any agreement, arrangement or contract on any ground and will refund all fees when this occurs. Upfront fee payments are not refundable upon cancellation. All rights remains with the artist until the full transaction is completed. In the events of a unfinished transaction, the rights remain with BirdSeedsLtd and the works are not required to be finished upon cancellation.
Returns and exchanges can be reviewed after contacting BirdSeedsLtd within 14 days of delivery. Items have to be discpatched back within 30 days of delivery. You are responsible for return postage costs and for any loss in value if the item is not in original condition. Following items can not be returned or exchanged because of their nature: custom or personalized orders, perishable products, digital downloads, intimate items and items on sale.
EU citizens have the right to cancel and return orders within 14 days, for any reason and without justification, under the 14-day cooling off period. The Europeon Union has launched the ODR platform for settlements of consumer disputes.
8. Disclaimer
BirdSeedsLtd is not liable for any damages that arise from the use of our services, products nor performance of commissioned works, including any damages caused by deadlines or other timely performances. BirdSeedsLtd makes no representations or warranties of any kind to the operation of the services.
9. Privacy
BirdSeedsLtd makes their best efforts to safeguard your privacy. See Privacy Policy.
10. Trademarks
All brand, product, and service names used in these services associated with BirdSeedsLtd, or third parties and their products and services, are proprietary marks of BirdSeedsLtd and/or the relevant third parties.
11. External Links
BirdSeedsLtd may provide links to third-party websites or resources. You acknowledge and agree that BirdSeedsLtd is not responsible or liable for the availability and accuracy of these websites or resources. Links to third-parties do not imply any endorsement by BirdSeedsLtd. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12. Third Party Software
As a convenience, BirdSeedsLtd may make use of third-party software. When using such third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "as available" basis, without warranty of any kind. In no event shall BirdSeedsLtd be liable for claims or damages of any nature, direct or indirect, arising from or related to any third-party software used by BirdSeedsLtd.
13. Conduct
You agree not to interfere with or disrupt the services, or to disobey any policies, requirements, procedures, and regulations connected to the services provided by BirdSeedsLtd.
14. Amendment of the ToS
BirdSeedsLtd reserves the right to amend the ToS from time to time in our sole discretion. We shall do our best efforts to notify of any material changes to the ToS by having the revised ToS posted on the website. You will be deemed to have accepted changes to the ToS if you continue using the services after revisions of the ToS. If you do not agree with the revised ToS, you will have to discontinue using the services.
