Free Exchange Collaboration Terms & Conditions

These terms and policies govern the free exchange collaboration between Alexus Sieh/Hops & Bean .co ("Artist") and the customer ("Customer") for the creation of digital pet portraits ("Pawtraits"). By agreeing to collaborate, the Customer acknowledges and agrees to abide by these policies.

1. Scope of Collaboration

• Digital Artwork Only: This collaboration strictly involves the creation of a digital pet pawtrait. The artist will not create any physical products (such as prints, stickers, etc.) as part of this collaboration.
• No Physical Products: While the Artist creates both digital and physical products, this collaboration covers only the digital files of the pet portrait. The Customer will not receive physical copies or merchandise unless explicitly purchased separately.

2. Customer Responsibilities

• Photo Submission: The Customer must provide high-quality, clear photos of their pet for the pawtrait. Photos should show the pet’s face and details that will help in accurately depicting the pet.
• Honoring Agreement for Social Media Posts: The Customer must post the final digital pet pawtrait to their instagram story or instagram feed (or other agreed-upon platforms) within 48 hours of receiving the final artwork. The post must credit the Artist and follow any agreed-upon terms for hashtags and/or tags (e.g., @YourSocialMediaHandle or #YourBrand).
• Posting Agreement: If the Customer fails to post within 48 hours, they will be invoiced the full price of the product as if it were a regular commission.

3. Alteration of Artwork

• No Alterations: The Customer agrees not to alter, edit, or modify the final artwork in any way, including but not limited to adding text, filters, or other graphic elements, without the prior consent of the Artist.
• No Outsourcing: The Customer is prohibited from outsourcing or commissioning other creators to alter or reproduce the artwork in sticker form is strictly prohibited.
• Exclusive Use of Artwork for Stickers: If the Customer wishes to turn the artwork into stickers or other products, they must purchase those products exclusively from the Artist and are not allowed to reproduce or sell the artwork without prior written consent.

4. Usage Rights & Restrictions

• Personal Use Only: The digital pet pawtrait created in this collaboration is for personal use only. The Customer may share the artwork on personal social media profiles, but they are not permitted to use the artwork for any commercial or business purposes (e.g., advertisement, branding, selling products) without prior written consent.
• Non-Transferable: The Customer may not sell, license, or transfer any rights to the artwork to any third party.
• Commercial Use: The customer is strictly prohibited from using the artwork for any commercial use.

5. Artist’s Responsibilities

• Creation of Artwork: The Artist will create a custom digital pet pawtrait based on the photos and instructions provided by the Customer.
• Two Rounds of Revisions: The collaboration includes two rounds of revisions to the artwork.
• Delivery of Final Artwork: The final digital artwork will be delivered in a high-resolution digital file via dropbox in a .PNG format.

6. Posting and Publicity

• Public Sharing: The Artist reserves the right to share the final artwork on social media, their website, and in promotional materials. This is to showcase the collaboration and promote the Artist’s work.
• Credit & Tags: The Customer agrees to credit the Artist and tag their social media handle when sharing the portrait online (e.g., @YourHandle or #YourBrand).
• No Modification for Promotional Purposes: The Customer agrees not to modify or crop the artwork in a way that removes the Artist’s logo or watermark (if included).

7. Invoicing & Payment

• No Payment for Collaboration: As part of this free exchange collaboration, the Customer will not be required to pay upfront for the digital portrait. However, they agree to fulfill the conditions laid out in these terms (including timely posting of the artwork).
• Failure to Post: If the Customer fails to post the artwork within 48 hours as agreed, they will be sent an invoice for the full price of the digital pet pawtrait as if it were a standard commission. This amount is due within 7 days of receiving the invoice.
• Non-payment: If the Customer does not settle the invoice within 7 days, the Artist reserves the right to pursue further action, including discontinuing the relationship and refusing future collaborations.

8. Intellectual Property

• Copyright: The Artist retains the copyright to the digital artwork. The Customer is granted a non-exclusive, non-transferable license to use the artwork for personal use only.
• No Commercial Licensing: The Customer may not sell, license, or use the artwork for any commercial purpose without explicit permission from the Artist.
• No Distribution: The Customer may not distribute or share the digital artwork with third parties (other than on personal social media) without the Artist's written consent.

9. Confidentiality

• Privacy of Customer’s Pet: The Artist agrees to keep any photos and details shared by the Customer confidential, and will only use them to create the custom pet pawtrait.
• No Disclosure of Personal Information: The Artist will not disclose any personal information or photos without the Customer’s prior consent.

10. Termination of Collaboration

• Withdrawal from Collaboration: Either party may withdraw from the collaboration at any time. If the Customer withdraws after the Artist has started the work, the Customer will receive the work in progress and will be invoiced accordingly.
• Termination Due to Non-Compliance: If the Customer fails to meet the agreed-upon terms (such as not posting the artwork within 48 hours or altering the artwork), the Artist reserves the right to terminate the collaboration and invoice the Customer for the full price of the artwork.

11. Liability

• Artwork Delivery: The Artist is not responsible for any technical issues that may arise during the delivery or use of the artwork (e.g., file corruption, email issues, etc.).
• No Guarantees: While the Artist will make every effort to deliver a high-quality digital portrait, the final artwork may differ slightly from the Customer's expectations due to the Artist’s style.

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