Updated April 9, 2023
Terms
"We", "us" or "our" means me, Brittany Wittmeier (website owner, main operator, Artist/Mode/Actress) and anyone who is close to me who I choose to assist me occasionally. This document "Terms" may be subject to change over time for the purpose of improving the website, print service and to protect the rights of the owner, operators, customers, and visitors. "Art by BAW" is the name of this website.
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Content
The content provided on Art by BAW as well as that provided through offline means (original artwork, tangible prints and other reproductions of my artwork) is protected by the laws governing databases and copyright. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever for commercial purposes (including advertising) or any other purposes without my direct, clear and official written permission (not by words which could potentially be misconstrued as myself giving permission, and not by that of any third party). This also applies to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
In simple terms, if you want to share any of the content on my website or that associated with my website (including social media, etc) for any sort of commercial purposes or any other purposes where I, the Artist, do not receive the credit for my hard work. You have to directly ask me for my permission, just send me an email (it's at the bottom of this page before the footer).
Sharing Images for Non-Commercial Use
You are free to share only the images I provide on Art by BAW and my social media pages (weblinks are in the header on the social media icons) as long as you do not modify any of my images and you are not using any of them commercially. You are absolutely not permitted to remove or modify the @artbybaw and URL to Art by BAW (@artbybaw and https://artbybaw.wixsite.com/artbybaw) or claim my artwork is created by you, someone else or more than one person in any way and if you do you are infringing on my rights, and you will be subject to criminal and civil legal proceedings within the scope of existing legal options. The text on my images (@artbybaw and https://artbybaw.wixsite.com/artbybaw) are there to rightfully give credit where it is due and to protect my rights over my intellectual property.
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Regarding Print Orders
I, Brittany Wittmeier, have to the best of my abilities, knowledge, resources, and circumstances have produced, fulfilled and inspected your ordered print(s) to my highest standards so it is without flaw, distortion or defect and it is worthy for you (the customer(s)). Some prints may appear minorly different from the images online because I do my best to make the prints and digital images look as much like the original artwork as possible. If your print(s) look slightly different (such as a very minor difference in that of color saturation, contrast, lightness, etc.) from that of the images online these should not be considered defects. As well the brightness setting on the device you view the images of my artwork can affect the appearance.
Prints are not for resale. No returns. No refunds. All sales are final.
I do not, as of yet, provide a return address for shipped print orders because I reserve my right to privacy of my personal information (especially if it's my home address).
At any point in time I reserve the right to choose whether or not to do business with or offer any of my product(s) or services to any person(s) without having to inform them of the reason(s) for my decision. Rejecting a customer without telling them why, would be a very extremely rare occurrence and I would only do this before I have received any payment from the customer for their print order(s).
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Regarding Commissions
If for any reason you decide that you wish to cancel the commission there is a mandatory cancellation fee of 50% or more of the full price depending on how far along the artwork has been completed unless you have already paid full price up front.
I reserve all licensing rights over all my artwork even after it is sold. As the Artist I have the right to freely choose to make reproductions of my work for commercial use. If you are the owner of the artwork but not the creator of the artwork you do not have rights to make reproductions of the artwork for commercial use.
I do not create indecent or inappropriate artwork (no pornographic imagery, no offensive content, etc.)
At any point in time I reserve the right to choose whether or not to do business with or offer any of my product(s) or services to any person(s) without having to inform them of the reason(s) for my decision. Rejecting a client without telling them why would be a very extremely rare occurrence. If I do reject a client for any reason(s) whatsoever it does not mean I revoke my licensing rights over any of my artwork (completed or not).
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Disclaimer
I nor any of my volunteer(s) who occasionally assist me, are in no way liable for any possible damage unto the print(s) or original artwork after it leaves our hands to be shipped. We take all possible precautions to make sure your product is as secure as we possibly can so it is as unlikely as possible to become damaged during shipping. However, if in the very unlikely event, the delivery system fails to deliver your product without significant damage (where it completely defeats the purpose of having an original artwork/art print or damages your print(s)/original artwork to the point where it is unusable for it's intended purpose and the damage done is irreversible) to your specified mailing address, then the corresponding mailing/delivery system/service that applies to your shipment is held liable for the damage or loss of your product. If this very unlikely situation occurs, please notify me via email, take pictures of your damaged product/parcel and send your order back to me and I will produce your print order again and ship your new print order to you free of charge. I will file the dispute with the delivery system. We are not liable if your product becomes lost during shipping. We do as much as we possibly can to make sure the address on product(s) to be shipped matches 100% all of the mailing information you provide us with. If your print order does not arrive to your specified mailing address after fifty days (if your print order is shipped within Canada) or sixty days (if your print order is shipped to the USA) or ninety days (if your print order is shipped internationally) since you have fully paid for your order please notify me via email I will do everything I can to locate your order and make sure it gets delivered and if I cannot then you qualify for one free replacement order where I produce your order again and ship it to you at no extra cost for you.
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If any word (s), phrase, clause, sentence or part of this document is somehow deemed flawed or invalid, it does not compromise the validity of this document's other parts.
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If you have any questions please feel free to leave a message below.
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