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GENERAL TERMS

This website is operated by matiasreba. Throughout the site, the terms “we”, “us” and “our” refer to matiasreba. matiasreba offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By visiting our site, commissioning work and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 

By ordering a commission you declare that you are of legal age. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The present document applies to products and services purchased for personal use. Artwork for commercial purpose shall require a separate Artist Contract.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

Our store is hosted on Woocomerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. (l) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

PRODUCTS AND SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your monitor’s display of any color will be accurate.

COPYRIGHT AND USAGE

The Artist retains all moral and patrimonial rights to the created artworks, which includes, but is not limited to:

• Distribution: The Artist may publish the artworks in any way, including for Artist’s promotion (for example, portfolios, profiles, personal space, public space, etc.)
• Reproduction: The Artist reserves the right to make and sell reproductions of the works in part or in full, in digital or physical form. Profits will not be shared.

The Artist also retains full copyright to any preliminary designs and secondary works done in creating commissions.

It is strictly prohibited to use any part of the Artist’s work, be it original works of art, sketches, reproductions or commissions; either in physical or digital format; paid or free, without express authorization in an Artist’s Contract. Such prohibition includes, but is not limited to:

• The use of the aforementioned artworks to promote or advertise any type of person, brand, business, company or organization in any printed or digital medium or social network, with the exception of sharing the artwork on social media as long the Artist is credited, the work is not modified and no profit is made.
• The use of the aforementioned artworks as part of logos, profile photos, banners, icons, printed or digital publications or personal or corporate branding of any kind.
• Any type of partial or total reproduction of the aforementioned artworks (prints, flyers, tracings, digitalizations, etc.) except for printing digital illustrations commissioned for personal use.
• The use of the aforementioned artworks for direct monetary benefit, such as the sale of merchandising or any type of product, with the exception of the resale of an purchased physical piece.
• The Client or any other person may not, under any circumstances, use any part of the artworks with blockchain technologies, cryptocurrencies or non-fungible tokens (NFTs), nor for advertising or earnings associated with them.

COMMISSIONED WORK – GENERAL

Conditions for commissions will vary depending on each specific case, therefore, separate and specific Contracts will be drafted for each commission. Most commission types will receive sketch stage for approval and right to revision. Further work-in-progress updates are provided exclusively after client’s request. Revisions vary depend on commission type. Any additional work outside of initial project can be refused, or will be quoted and charged for accordingly. No third party’s Intellectual Property shall be used for any commissioned work. Deadlines may be agreed between the two parties beforehand. Deadlines affect the price and can be refused.

ASTROPETS – PET PORTRAIT COMMISSIONS

Please read this section before ordering.

Slots are open for few days, every few months in a “first come, first serve” basis, purchasing through the Shop. We usually accept 15 slots per campaign. Backorders are allowed, basically reserving the Client a spot for the next AstroPets campaign. Once full payment has processed, the commission is considered started, the Artist will proceed with the full commission and no refund requests shall be accepted. Communication between the Client and the Artist shall be through e-mail or live chat.

NOTICE: At this time, printed and framed pieces are only available for clients in Lima Metropolitana, Perú. All the other clients will only be sent a high quality digital file.

PROCESS

• • The Client purchases the desired portrait through the shop.
  • The Client is granted access to the “AstroPets Form”, which is used to collect the Client’s choices regarding the design of the illustration, in detail, and for the upload of good quality images of their pet.
  • Once the Form is submitted, a defined sketch will be presented by the Artist, made entirely using the preferences stated by the Client in the Form. For that reason, only non-structural changes are permitted at that stage.
  • Upon approval, the subsequent work is not revised until the end. The Client may request WIPs (Work in Progress updates) but the Artist may not always be ready to do so. The Artist may unpromptedly send WIPs to the Client to get their opinion and keep moving forward.
  • When completed, the work is presented and may only be modified in minor color details.
  • The work is delivered.

It’s extremely important for the Client to be detailed and precise when filling the Form, as their answers will be the basis for the design of the portrait.  Therefore, major changes during the process are strictly not allowed. Both to fill the Form and to comment on the sketch, the Client will have a maximum of 4 days each time to answer. In failure to do so, the Artist will either cancel the project and issue a refund or proceed without the Client’s input and deliver the piece in the usual manner, or maybe even at a later date than anticipated.

TURNAROUND AND DELIVERY

PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PAYMENT

All sales are final. We use XXX to process our payments, and accept major credit cards and Paypal. matiasreba collects and pays all pertinent taxes, when applicable.

SHIPPING

Shipping is available only for the majority of Lima Metropolitana, Perú. More info on shipping schedule will be available soon.

RETURNS AND REFUNDS

We do not accept returns. Refunds are only available if the Artist is unable to complete a commission. If a product (e.g. AstroPets) was backordered and the Client changes their mind before the start of the commission campaign, we may be able to refund. In that case, contact us. If you’re dissatisfied with a product, please contact us.

GOVERNING LAW

These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the laws of Lima, Peru.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

POLICY CHANGES

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

PRIVACY POLICY