WHIXY's Terms of Service

Posted 2 years, 7 days ago by Whixy

Effective since August 26th, 2020 to the current day.
PLEASE READ THESE TERMS CAREFULLY BEFORE ORDERING A COMMISSION OR MAKING A PURCHASE.

Table of Contents:

1. COMMISSIONED MEDIA
- 1.1 Terms of Service
- 1.2 Social Media
- 1.3 Permissions and Restrictions
- 1.4 Personal Use License
- 1.5 Commercial Use License

2. CHARACTER DESIGNS ("ADOPTABLES" AND "CUSTOMS")
- 2.1 Terms of Service
- 2.2 Social Media
- 2.3 Permissions and Restrictions
- 2.4 Personal Use License
- 2.5 Commercial Use License

1. COMMISSIONED MEDIA

Defines “Commissioned Media” as any digital or physical media piece created and provided by WHIXY, C.A. following an order or agreement with the Client, which includes but is not limited to: Artwork, illustrations, drawings, animation, character designs, logos, posters, audiovisuals, plush, figurines, sculptures, charms and/or any media or material encompassed in the Object of WHIXY, C.A.’s Constitutive Act and ordered by the Client.

1.1 TERMS OF SERVICE

The Client shall only use the Commissioned Media in accordance with the permissions within this agreement. The Client’s Commissioned Media are for personal use only and shall not be submitted to contests, reproduced or distributed for commercial use, or reproduced in any way by parties other than WHIXY, C.A.

WHIXY, C.A. grants the Client a non-exclusive, non-transferable, perpetual, Personal Use License to reproduce Commissioned Media for any non-commercial use, including but not limited to: prints, enlargements, gifts to family and friends, slide shows, and display on personal spaces, web pages and devices. Title and ownership, and all rights now and in the future, of and for the Commissioned Media remain exclusively with WHIXY, C.A. There are no warranties, express or implied. The Commissioned Media is provided "as is". WHIXY, C.A. does not claim ownership or rights of characters or subjects depicted.

There will not be refunds made once a completed Commissioned Media is delivered to the Client. If progress further from sketch has been made but the Commissioned Media is not yet completed, a partial refund can be provided, percentage defined by private agreement between WHIXY, C.A. and the Client. If the Commissioned Media has not progressed from sketch, a full refund can be provided.

WHIXY, C.A. will not be liable for any third party claims or incidental, consequential or other damages arising out of the Client's use of the Commissioned Media.

1.2 SOCIAL MEDIA

The Client may share the Commissioned Media on social media through use of the share functions and dissemination of direct links. All images posted on social media require a direct link or credit towards WHIXY, C.A. Client shall not share or repost Commissioned Media in any other fashion. Client also shall not heavily edit or alter any Commissioned Media, nor is the Client to claim authorship of any Commissioned Media provided by WHIXY, C.A. If you do so, you may be subject to a 100% of cost fine per Commissioned Media.

1.3 PERMISSIONS AND RESTRICTIONS

WHAT YOU MAY DO

Personal Use License of the Commissioned Media includes:

Display on personal spaces, websites and devices.
Making prints on any material for personal use.
Reproduce in other media with non-remunerable purposes.
Make minor edits to the Commissioned Media, such as cropping, adding text, borders, corrections in saturation, hue, brightness, contrast, and similar fashion.
Share or reupload the Commissioned Media with credit towards WHIXY, C.A.

WHAT YOU MAY NOT DO

Client with Personal Use License only may not:

Resell, relicense, sub-license, redistribute without express written permission from WHIXY, C.A.
Turn the Commissioned Media into an NFT.
Use the Commissioned Media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.
Use the Commissioned Media in advertising.
Incorporate the Commissioned Media into trademarks, logos, or service marks.
Make the Commissioned Media available for public download or public domain.

1.4 PERSONAL USE LICENSE

A Personal Use License of the Commissioned Media is automatically granted to the Client by WHIXY, C.A. at the moment of delivery. All Commissioned Media is intellectual property of WHIXY, C.A. and is copyrighted by law. None can be copied, used, reproduced or published for commercial purposes without a Commercial Use License emitted by WHIXY, C.A. or WHIXY, C.A. President’s written permission to do so. WHIXY, C.A. reserves the right to use any and all of the Client’s Commissioned Media on websites, blogs, Portfolio, or any other related marketing only material.

1.5 COMMERCIAL USE LICENSE

A Commercial Use License may be obtained by privately contacting WHIXY, C.A. or WHIXY, C.A. President and after the payment of an extra fee in percentage defined by WHIXY, C.A. The Client will be provided with an Intellectual Property Transfer Agreement which will be read and signed by all parties involved. Once this agreement is in effect, the full rights of the Commissioned Media will be perpetually transferred to the Client, person or entity of interest.

2. CHARACTER DESIGN, BY ORDER OR PURCHASE (“ADOPTABLES” AND “CUSTOMS”)

Defines “Character Design” as any digital or physical design work of any type of character created and provided by WHIXY, C.A., be it following an order or a premade purchased by the Client. This includes any non-previously created, original character design depicted in visual media, with clear features, by WHIXY, C.A. The Character Design and it’s Original Artwork are two separate goods, with separate permissions, but are bound to eachother.

2.1 TERMS OF SERVICE

The Client shall only use the Character Design and Original Artwork in accordance with the permissions within this agreement. The Client’s Character Design and Original Artwork are for personal use only and shall not be submitted to contests, reproduced or distributed for commercial use.

WHIXY, C.A. grants the Client a non-exclusive, transferable, perpetual, Personal Use License to use the Character Design for any non-commercial use, including but not limited to: redraws, depictions, redesigns, prints, roleplay, avatar making, gifts to family and friends, and display on personal spaces, web pages and devices. At the same time, WHIXY, C.A. grants the Client a non-exclusive, non-transferable, perpetual, Personal Use License to use the Original Artwork for any non-commercial use, including but not limited to prints, enlargements, slide shows, gifts to family and friends, and display on personal spaces, web pages and devices. Title and ownership, and all rights now and in the future, of and for the Character Design and Original Artwork remain exclusively with WHIXY, C.A. There are no warranties, express or implied. The Character Design and Original Artwork are provided "as is."

There will not be refunds made once a premade (“Adoptable”) Character Design and it’s Original Artwork are delivered to the Client. In case of an ordered Character Design (“Custom”), there will be no refunds made once it has been completed, and only if progress has been made but the Character Design is not yet completed, the Client may apply for a partial refund.

WHIXY, C.A. will not be liable for any third party claims or incidental, consequential or other damages arising out of the Client's use of the Character Design and/or Original Artwork.

2.2 SOCIAL MEDIA

The Client may share the Character Design’s Original Artwork on social media through use of the share functions and dissemination of direct links. All images posted on social media require a direct link or credit towards WHIXY, C.A. Client shall not share or repost Original Artwork in any other fashion. Client also shall not heavily edit or alter any Original Artwork, nor is the Client to claim authorship of any Original Artwork provided by WHIXY, C.A. If you do so, you may be subject to a 100% of cost fine per Original Artwork.

2.3 PERMISSIONS AND RESTRICTIONS

WHAT YOU MAY DO

Personal Use License of the Character Design includes:

Display on personal spaces, websites and devices.
Making prints on any material of the Original Artwork for personal use.
Redraws, redesigns, depictions of the Character Design in new artwork.
Resell, trade or gift the Character Design at the Client's discretion.
Include the Character Design in personal only, non-commercial and non-remunerable works and projects.
Make minor edits to the Original Artwork, such as cropping, adding text, borders, corrections in saturation, hue, brightness, contrast, and similar fashion.
Share or reupload the Original Artwork with credit towards WHIXY, C.A.

WHAT YOU MAY NOT DO

Client with Personal Use License only may not:

Turn the Character Design and/or Original Artwork into an NFT.
Use the Character Design and/or Original Artwork in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.
Use the Character Design and/or Original Artwork in advertising.
Incorporate the Character Design and/or Original Artwork into trademarks, logos, service marks, use in branding material or as business mascot.
Make the Original Artwork available for public download or public domain.

2.4 PERSONAL USE LICENSE

A Personal Use License of the Character Design and it's Original Artwork is automatically granted to the Client by WHIXY, C.A. at the moment of delivery. All Character Designs and Original Artworks are intellectual property of WHIXY, C.A. and are copyrighted by law. None can be copied, used, or published for commercial purposes without a Commercial Use License emitted by WHIXY, C.A. or WHIXY, C.A. President’s written permission to do so. WHIXY, C.A. reserves the right to use any and all of the Client’s Original Artworks on websites, blogs, Portfolio, or any other related advertising only material.

2.5 COMMERCIAL USE LICENSE

A Commercial Use License may be obtained by privately contacting WHIXY, C.A. or WHIXY, C.A. President and after the payment of an extra fee in percentage defined by WHIXY, C.A. The Client will be provided with an Intellectual Property Transfer Agreement which will be read and signed by all parties involved. Once this agreement is in effect, the full rights of the Character Design and it’s Original Artwork will be perpetually transferred to the Client, person or entity of interest.

CONTACT ME

If there are any questions regarding a Commissioned Media License or a Character Design License, or you wish to upgrade to Commercial Use License, you may contact me using the information below:

WHIXY's Terms of Service

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