DIGITAL PORTRAIT

Terms Of Service

Please read these Terms carefully and throughout before making your agreement. The Terms defined there refer to the purchase of a use license for an artwork from the art gallery of Spoiler. Purchase of a limited license to use this artwork under these Terms allows for Personal Use License, Limited Commercial Use License, Extended Commercial Use License, and a Print/Gaming License. Your receipt of purchase is your license, store it in a safe place. When you purchase any license to use this art, you are purchasing the right to use it, not the right of ownership. These Terms are subject to change without notice. It is the responsibility of anyone using these artworks to be aware of the current ToS updates. Use of this artwork indicates your agreement to abide by the terms as listed below. Any violation of the terms listed here gives Spoiler the right to demand the artwork no longer be used and/or removed from any publications. Violations of Copyright and Copyright infringement will result in legal action.

Personal License
This license applies to the use of artwork from Spoiler strictly for personal purchase by a single individual or entity.

With a Personal Use License you may:
* Use an artwork on your personal non-profit publication or display.

With a Personal Use License you may not:
* Use any artworks from Spoiler to make a profit.
* Resell any artworks from Spoiler.
* Use any artworks in a commercial project of any kind.

Limited Commercial Use License
This license applies to use of artwork from Spoiler for profit in a single commercial project.

With a Limited Commercial Use License
* Use an image in a single commercial project you will be paid to crate by a single client or company.
* Use an image on a single commercial website as part of a banner, hero image, or header image.
* Bill your client to recoup the cost of the image licensing fee.

With a Limited Commercial Use License you may not:
* Resell any of the artworks to make a profit.
* Use the artwork for any printed or digital format that will be distributed/sold for a profit (Book covers, interior art in a book, e-book covers, etc).
* Use the artwork in multiple commercial projects.

Extended Commercial Use License
This license applies to use of the artwork from Spoiler for any project where the piece would be used in a limited print or digital format and redistributed for profit.

With an Extended Commercial Use License you may:
* Use the artwork to enhance a single item in printed or digital format that will be distributed/sold for profit.
* Use the images in multiple commercial projects you intend to re-sell to client(s).

With the Extended Commercial Use License you may not:
* Use any artworks from Spoiler to create items for mass market distribution.
* Use any of the artworks on or to enhance video gaming experiences.

Print/Gaming License
This license applies to the mass marketing of printed media or a commercially available video game.

With a Print/Gaming License you may:
* Use the artwork for any printed or digital format that will be distributed for a profit.
* Use the artwork in multiple commercial projects for a profit.

Limitations on Print/Gaming License:
Distribution of mass media items or use in a commercially available video game is limited to 100,000 items. Artwork used in over 100,000 mass marketed items must be subjected to an additional license. Please contact me for more details.

Additional allowed Use for all Licenses listed above:
* You may resize artwork with respect to aspect ratio.

Violations of any License Use listed above:
* None of the artworks from Spoiler can be used in any manner (real or fictional) that encourages, or embraces the practices of cruelty, pornography, or hate of any kind.
* You do not have the right to use any of the artwork in this gallery for or in a registered trademark of any kind.
* You are not allowed to place watermarks in any shape or form over or within a 3cm margin around the artwork.
* No part of this artwork will be altered in any way without explicit permission of the artist.
* Under no circumstance will you claim the art as your own or/and remove the artist's signature.
* The artist has the right to decline any commissions before the work has been started without any further explanation.

Payment

Payment will be conducted through PayPal and you will agree to proof of agreement and payment for this transaction. Failure to pay for this artwork will result in nullification of all usage rights. Payment must occur first before legal usage of my artwork is granted. Under no circumstances will any refunds be granted.

Legal Clarifications and Disclosure

The contents of these files is copyright (c) Spoiler. Purchase of a license does not give the user copyright of the contents nor does Spoiler relinquish that copyright. You agree that the purpose of this art is strictly business, ecommerce or otherwise, or personal enjoyment, and have no intent now or in the future for pursuing any illegal or hostile activities, including but not limited to using any website where the artwork is incorporated as a basis for said activities. If you withhold any information as to the purpose for this art or your intent from Spoiler, the owner will not be held legally responsible for any fines, damages, legal fees, etc., levied against you by any or all injured parties seeking damages or monetary retribution by civil or criminal lawsuit, including local, state, federal, international, or civil parties.

Disclaimer of Liability

Spoiler is not responsible to you, any person, or organization for any damages arising in any manner out of the use of the content and/or information made available. You acknowledge that you assume all risk and/or responsibility for any loss and/or damage arising from the uses to which the content and/or information provided by Spoiler. Your use of the artwork is at your sole risk and provided on an "as is" basis without warranties of any kind, either expressed, stated or implied.

Indemnification

You shall indemnify and hold harmless Spoiler from and against any and all claims, liabilities, losses, costs, damages, or expenses (including but not limited to attorney fees) arising from your application of or use of artwork from Spoiler or the information made available thereby.

Spoiler