TALIA LEHAVI
Terms & Conditions for Talia Lehavi and ArtBrush Courses
Terms
By accessing ArtBrush School, you are agreeing to be bound by these Terms of Use, 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 ArtBrush are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of any downloadable materials on ArtBrushe's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
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modify or copy the materials;
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use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
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attempt to decompile or reverse engineer any software contained on the School’s web site;
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remove any copyright or other proprietary notations from the materials; or
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transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on the ArtBrush website are provided 'as is'. ArtBrush 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, ArtBrush does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall ArtBrush be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ArtBrus's website, even if ArtBrush or an authorised of ArtBrush 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.
Revisions and Errata
The materials appearing on the ArtBrush's website may include technical, typographical, or photographic errors. ArtBrush does not warrant that any of the materials on its web site are accurate, complete, or current. ArtBrush may make changes to the materials contained on its web site at any time without notice. ArtBrush does not, however, make any commitment to update the materials.
Links
ArtBrush has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ArtBrush of the site. Use of any such linked website is at the user's own risk.
Site Terms of Use Modifications
ArtBrush may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
Governing Law
Any claim relating to the ArtBrush's website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
Refund Policy
You have the right to cancel your membership within 7 days without giving any reason. The cancellation period will expire after 7 days from the day you started your membership with ArtBrush.
To exercise the right to cancel you have to inform ArtBrush of your decision to cancel your membership by a clear and dated statement in writing (email) stating your full name and will to cancel.
Effects of Cancellation
If you cancel this membership/contract ArtBrush will refund you all payments received from you.
ArtBrush will make the refund without undue delay, and not later than 7 days after the day on which we are informed about your decision to cancel this membership.
ArtBrush will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
COMMISSION
Terms & Conditions for Commissioned Work
Terms
The following Terms & Conditions are for the Commission of original artwork or designs from Talia LeHavi. The following information must be read fully and accepted in a written email before the final Commission Agreement is made, which is legally binding. To request a quote, contact Talia.
Commission agreement
The discussion, documented via email, in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time of which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, and Copyright. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.
Commission description
The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Client must specify the desired display size of the Commission and any further details that can support the formation of the commission.
Timetable
The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly on the progress of the Commission, or if changes to completion times have occurred. The Artist is not obliged to explain the reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.
Start of Work
The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission), a 50% non-refundable deposit must be paid.
Price
Agreed according to the nature of the commission and clearly stated in the agreement. A 50% up-front, non-refundable deposit to be paid after the approval of the Commission Draft. Ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to Purchaser until the agreed payment amount has been received. The payment method will be made via direct bank transfer unless agreed otherwise.
Packing and Shipping
Packing and shipping costs are included in the quoted price. The artwork will be professionally packed and shipped with a reliable shipping company. The artwork will be fully insured for the shipping,
Decline an Offer
The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain the reasoning for decline out of courtesy).
Cancellation
The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.
Copyrights
By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.). The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original Commission. The client may not edit, alter, or trace the Commission without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.
Restoration
If the Commission is damaged or mistakes are evident, the Client will agree to consult the Artist before any restoration and must give the Artist the first opportunity to restore it, if practical.
Moral Rights
The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.
Damage, Theft, and Misplacement
The Artist is not responsible for any damages made to the Commission except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure the packaging of the Commission is safe and secure and will provide full insurance, postage, and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be the responsibility of the Artist. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties.
Refund policy
If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission. Disliking the Commission or change of mind are not considered for a refund; this is minimalized by providing early drafts and progress photos throughout the Commission process. The Client must state if they want a full refund or an alternative replacement. The Client will have thirty (30) days to send the Commission, otherwise, a refund will not be made. The Client must return the Commission in original packaging with all documents, including the invoice. Postage/shipping costs, insurance, and expenses will be paid by the Client. The refund will be paid back in full to the Client at the discretion of the Artist once the Commission has been received and in the described condition. Refunds regarding damages or misplacement in transit will be covered by the insurance.
Preview Request
The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work or approval of the draft unless agreed upon in the Commission Agreement prior to Start of Work.
Public display
The Client may display the Commission in Profiles as long as the Artist’s name (“Talia Lehavi”) is prominently displayed along with a link to talialehavi.com or "@talialehavi" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.