By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Artwork Now and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Artwork Now is owned and operated by Interactive Art Services Inc. (IAS) Artwork Now.com (hereafter described as “Artwork Now” “Us” “Our” “We”) provides the following terms and conditions for users (“You”, “Your”) of this site (Artwork Now.com). Definitions used throughout this document and throughout the Artwork Now site:
The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Artwork Now. Except as expressly permitted by Artwork Now, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Artwork Now or the copyright owner. Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You may not:
THE MATERIALS ON Artwork Now’S WEBSITE ARE PROVIDED “AS IS”. Artwork Now MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Artwork Now DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL Artwork Now OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON Artwork Now’S INTERNET SITE, EVEN IF Artwork Now OR A Artwork Now AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Artwork Now UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
The materials appearing on Artwork Now’s web site could include technical, typographical, or photographic errors. Artwork Now does not warrant that any of the materials on its web site are accurate, complete, or current. Artwork Now may make changes to the materials contained on its web site at any time without notice. Artwork Now does not, however, make any commitment to update the materials.
Artwork Now has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Artwork Now of the site. Use of any such linked website is at the user’s own risk.
Artwork Now may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.
Any claim relating to Artwork Now’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Artwork Now or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Artwork Now will be handled in accordance with Artwork Now’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Artwork Now to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Artwork Now to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Artwork Now through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Artwork Now that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You may cancel your subscription with Artwork Now at any time. Upon cancellation, you will continue to have access to the Artwork Now admin through the end of your paid billing term. Artwork Now may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
You may request a refund within the first 3 days of a purchase of any new subscription plan.
Beyond the 3 day window there are no refunds for partial subscription plans under any circumstance, including unused time on a plan.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
You, the client are responsible to use Artwork Now after payment.
You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Artwork Now that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless Artwork Now and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
Artwork Now LLC is not responsible for creating or maintaining backups of the your (or your client’s) website, files, or server. Artwork Now LLC does not warrant the functions of Client’s Site will meet Client’s expectations of traffic or resulting business following any changes or updates performed by Artwork Now. In no event will Artwork Now LLC be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate Client’s Site or any of its web pages, even if Artwork Now LLC has been advised of the possibility of such damages.
You agree that any work done for hire (includes purchase of any premade designs/scripts/files) includes the transfer from the creative to the client of a royalty-free, irrevocable exclusive worldwide right to use “completed creative material” in any way whatsoever, this transfer of rights occurs when payment has been made in full to either Artwork Now or directly to the creative, even if the work has not been completed. The creative retains the rights to display the work in their portfolio and advertising as an example of the work they do.
Artwork Now has crafted pricing plans to meet a variety of creative professionals needs. Our business model is designed on the output of what (1) illustrator can produce in an 8 hour period. If you find your not getting the results you need day you can upgrade your plan to get more illustrators or cancel your subscription. If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account. Your right to use the Artwork Now services shall terminate upon your breach of any term of this Agreement.
While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Artwork Now is not responsible or liable for any losses or expenses incurred from errors or omissions.
By default, you agree to provide Artwork Now with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to help@artworknow.com
We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.
While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to either upgrade your subscription or pay for a project upgrade before it begins. If the deadline for a project is missed you may request that your next billing date be extended by the amount of time missed, alternatively, Artwork Now reserves the right to start working on an additional project in your queue to make up for the missed deadline. Missed deadlines are not grounds for a refund in your subscription. All turnaround times are for weekdays only, EST weekends or US holidays are not included.
If you paid for a “24 hour Rush- Project Upgrade” this can be refunded if a written request is made within 3 days of the missed deadline.
Artwork Now reserves the right to not issue a 24 hour Rush- Project Upgrade if the studios workload is near capacity. All turnaround times are for weekdays only, EST weekends or US holidays are not included.
24 Hour Rush Project upgrades are not available on larger long term projects such as comic and children’s books.
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to a designer. Requests or revisions will not be assigned if they unclear, vague or missing required assets and information. Normally any request or revision received before 7pm MST will be assigned that business day. These timelines may change due to the nature of our business as ultimately determined by Artwork Now staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
Notices of Alleged Infringement: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Artworknow.com, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act (DMCA). Valid Notices: For your complaint to be valid under the DMCA, you must provide the following information: An electronic or physical signature of the copyright owner or someone authorized to act on the owner's behalf; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on Artworknow.com; Information necessary for us to contact you, such as your address, telephone number, and email; A statement that you believe, in good faith, that the use of the material is not authorized by the copyright owner, its agent, or law; and A statement that the information in your notice is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf. Response to Valid Notices: Upon receiving a valid infringement notice, Artworknow.com will take appropriate action, which may include the removal of the offending material. The user who posted the material will be notified of the action taken. Repeat Infringers: Users who have more than two (2) verified infringement notices may be considered "repeat infringers." Artworknow.com reserves the right to terminate the accounts of repeat infringers in accordance with this policy. Counter-Notifications: If you believe that your material was removed or disabled by mistake or misidentification, you may send a counter-notification to our copyright agent. Upon receipt of a valid counter-notification, we may restore the material in question. Modifications: Artworknow.com reserves the right to modify this Repeat Infringer Policy at any time. It is the user's responsibility to review this policy periodically for changes.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
You agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our tool works and its scope of service.
(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Artwork Now (e.g., privacy policy) as a condition precedent to Clients’ use of the Service), between you and Artwork Now regarding the subject matter of these Terms and Conditions.
(b) Amendment. No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by Artwork Now.
(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.
(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the substantive law of the State of Connecticut, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in New London, Connecticut, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Artwork Now agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Hatchwise may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
(h) Waiver. The waiver by Artwork Now of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.
(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
(j) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
(m) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.