I. Terms and Conditions for Blueprint Tiger
THIS A LEGALLY BINDING E-AGREEMENT BETWEEN YOU (referenced herein as “You/you” or “user” “artist” “buyer” “purchaser” or “client” or “your”) AND Blueprint Tiger, a company based in the United Kingdom (referenced herein as “BT,” “US” and/or “OUR”). THIS AGREEMENT APPLIES EACH TIME YOU ACCESS OR USE OUR WEBSITE AND WEBSITE PLATFORM/SERVICES FOUND AT http://www.blueprint-tiger.co.uk (“WEBSITE”).
BT IS WILLING TO ALLOW YOU TO USE OUR WEBSITE AND TO PROVIDE OUR PLATFORM AND SERVICES ONLY UNDER THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THESE TAC CONTAINED HEREIN. BY CREATING A PROFILE AND/OR BY SUBMITTING PAYMENT VIA OUR WEBSITE, YOU ARE ALSO AGREEING TO ALL OF THESE TAC WITHOUT LIMITATIONS.
BT takes pride in bringing all artists together- from tattoo artists to illustrators, digital artists to graphic designers- so that one platform exists for their work to be viewed, purchase and procured by others. This platform serves to present and promote the work of various artists, especially those from the Worcester, England area, and connecting this work with those who may desire to utilize it for various projects or even for personal use.
License to use Service
BT is pleased to provide a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize our website, to list your art, and to purchase art via artists found on our website as long as you comply with these TAC without restriction or limitation. Unless otherwise stated, BT owns the copyrights and trademarks published on this website, in our advertisements, pictures, and videos found on our website. However, BT does not own or accept responsibility for the images and/or art presented by artists on our website for your viewing, selection, and purchase. However, artist licenses BT to list their work, without reservation or restrictions, on this website and for promotional purposes deemed reasonable and necessary by BT.
You may only utilize your purchased art from the artists on our website for the purposes listed in the agreement reached with an individual artist. By way of example, if an Artist does not provide a commercial license to the buyer, a buyer may not utilize this artwork for commercial purposes. However, we do not take responsibility and do not take discretion as to the disposition of the license agreed to with an artist.
This agreement is effective while you utilize our website prior to ordering, after ordering for a period of three years, and while you have a listing and/or profile on our website.
- Notwithstanding the foregoing license grant, you may not translate, modify create derivative work(s) of, advertise, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, transfer mirror, exploit, frame rent, lease, private label, grant a security interest in, or otherwise use this website or an artists art found on this website in any manner not expressly permitted by contract with BT or with an individual artist. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this website or during the course of using our platform that is not expressly authorized for your use by expressed written permission, either by contract between artist and you or in this terms and conditions. Additionally, an artist may also not create their own service similar to this service for a period of 3 years as a condition of utilizing our website to list their art.
Moreover, you may not:
- Utilize a “page scrape device,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Service or in any way reproduce or circumvent the navigational structure or presentation of this Service in order to obtain or attempt to obtain any of BT’S Materials or any other information through any means not purposely made available through this Website;
- Gain or attempt to gain unauthorized access to (a) any portion or feature of this Website, (b) any other systems or networks connected to this Website, (c) any BT server, or (d) to any of the services offered on or through this Service, by hacking, password “mining,” or any other illegitimate or prohibited means;
- scan, probe or test the vulnerability of this Service or any network connected to this Service, nor breach the security or authentication measures on this Service or any network connected to this Service;
trace, reverse track, or seek to trace any information on any other user of or visitor to this Service,
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website.
- Use any software, device, or routine to interfere with (a) the proper working of this Service, (b) any transaction conducted on this Service, or (c) with any other person’s use of this Service,
forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to BT on or through this Service,
use this Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact BT or our Subcontractors.
- Basic Format: An artist must express interest in being listed on our platform by filling out an online profile, answering basic questions, and provide examples of artwork. After approval, an artist will be allowed to be apart of the platform for one year without making a payment. Thereafter, an artist will be charged 50 pounds a year to utilize our website; however, no fee will be charged without a minimum of 30 days notice.
- Payment: All purchases, digital and on-location, must always go through our website. When paying an artist, BT will require a 30% deposit on the agreed to sum for the entire project. The project will not commence until a deposit is made. If the buyer does not meet the terms of the agreement set out by the artist and buyer, the artist will receive the deposit and the order will be cancelled. If the artist does not fulfill their services per the contract with the buyer, the 30% deposit will be refunded to the buyer. If the agreement is not fulfilled, BT will not be responsible for paying any sum to the buyer or the artist. Once the project is complete, payment will be required to be submitted prior to the agreed to license being extended to the buyer. If the buyer does not pay, they will not receive a license to utilize the art agreed to for purchase.
- Continued Use: Even if buyer purchases art from an artist, BT and the Artist may still continue to utilize this work for their own portfolio and for publicity, marketing, and exposure.
- Negotiations: While BT may participate from time to time in the discussion of prices, quotes, and settlements, the end agreement is ultimately the responsibility of the artist and the buyer.
- Payment Platform: PayPal is the exclusive platform utilized by BT. Buyer will submit all payment to BT via PayPal and it will then be released to the artist when the agreement is fulfilled and when BT’s percentage is deducted.
- BT’s percentage: BT will receive an additional 20% of a projected quoted less than 500 pounds; 15% of a project quoted between 500 and 1500 pounds; and 10% of projects quoted over 1500 pounds. This percentage is in addition to the price already paid to the artist. By way of example, if an artist is paid 100 pounds, BT will receive 20 pounds and the artist will receive 100 pounds.
- Termination of Accounts: If an artist does not continue to meet the high standards of BT, standards set by our discretion, their account may be terminated at will. This may happen if the artist provides poor customer service by not responding to communication, by being rude to buyer on a consistent basis or even cancelling more than two orders per month. The money in their artist account will be available for transfer for a 60-day period after termination of the account. Thereafter, it will be the sole possession of BT.
- Independent Contractor Status: Artists are independent contractors and are not employees of BT. Therefore, an Artist must procure their own insurance and pay for their own taxes. BT is merely a platform for artists to feature their work and serves as an intermediary. You understand and agree that independent contractor status and not employee status exists by assenting to this agreement.
Breaches of this TAC
Without prejudice to BT’s other rights under this TAC, if you breach or fail to abide by any portion of this TAC, we may take such action as we deems appropriate to deal with the breach, including: suspending your access to this Website; prohibiting you from accessing this Service by blocking your IP address; contacting your internet service provider to request that they block your access to this Website; and/or bring legal proceedings against you. This is a legally binding agreement; therefore, we take these TAC very seriously and will initiate an action against you if necessary to defend our rights.
Use of Subcontractors
You give unlimited consent for us to transfer our rights, the performance of our services, and these TAC to a third party contractor or artist. If we utilize a third party contractor during the fulfillment of our duties under this agreement and in the course of performing the services you purchase, you agree that our third party contractor and/or artist are also covered under these TAC. You also agree that BT will not be responsible for any of the actions of a third party contractor or artist. Additionally, you agree to hold BT harmless and to indemnify us for any damage the third party contractor or artist or buyer may cause you to incur to your brand, reputation, or finances.
You agree that BT is not responsible for any action or inaction by an artist or buyer/purchaser. You agree that BT is no responsible and will incur no financial penalty or invoice for a failure in our services or by the artists or buyers utilizing our service. You agree that BT is an intermediary.
BT makes no representations or warranties in relation to this service or the information and materials provided herein. All services on this website are provided “as is.”
We also do not warrant that:
- This website or its features will constantly be available, or will be available at all;
- The artists and their respective art works do not conflict with your interests, are not copyrighted or trademarked and are available for your use;
- That the artists or buyers will fulfill their agreements with you;
- You will receive any value whatsoever from your purchase with us.
Full Limitation of Liability and Indemnity
BY ACCEPTING THESE TAC, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR IMAGE, YOUR REPUTATION, OR YOUR PROPERTY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE REASONABLE MECHANISMS TO SECURE AND PROTECT YOUR EQUIPMENT, YOUR INFORMATION, YOUR IMAGE, AND YOUR REPUTATION BECAUSE BY UTILIZING OUR WEBSITE YOU WAIVE YOUR RIGHTS AND ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH OUR SERVICES OR THIS WEBSITE. THIS INCLUDES THE RISK OF YOUR IMAGES BEING COPIED BY VISITORS TO OUR WEBSITE AND BY VISITORS PERFORMING A SIMPLE GOOGLE IMAGE SEARCH. BY UTILIZING THIS WEBSITE, YOU RELEASE US FROM ALL LIABILITY IN THE EVENT YOUR ART, ORIGINALLY CREATED OR PURCHASED, IS UTILIZED BY A THIRD PARTY WITHOUT OUR PERMISSION.
MOREOVER, YOU AGREE TO INDEMNIFY US AGAINST ANY AND ALL CLAIMS THAY MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE AND OUR PLATFORM/SERVICES. YOU AGREE TO INDEMNIFY US AGAINST ANY LAWSUIT THAT MAY OCCUR DURING THE COURSE OF THIS BUSINESS, INCLUDING A LAWSUIT BY A THIRD PARTY FOR COPYRIGHT AND/OR TRADEMARK INFRINGEMENT. YOU ACCEPT FULL RESPONSIBILITY FOR YOUR ACTIONS OR INACTIONS AND WILL MAINTAIN ALL COURT FEES, ATTORNEYS FEES, RELATED COSTS, AND WILL PAY ANY JUDGMENT LEVIED AGAINST BT AS A RESULT OF YOUR USE OF BT’S WEBSITE AND SERVICES. You also expressly absolve and release us from any claim of harm resulting from claims or actions arising out of or as a result of your breach, IGNORANCE, or violation of this TAC, or as a result of another userS’ breach or violation of this TAC, including but not limited to any violations of law and regulation as well as claims of INTELLECTUAL PROPERTY infringement, misappropriation or violation of the rights of others AND THEIR IMAGE AND causeS beyond our reasonable control, including, but not limited to the failure of electronic or mechanical equipment or communication lines; computer viruses; unauthorized access; theft; operator errors; severe weather; earthquakes; or natural disasters, strikes, labor problems, wars, or governmental restrictions. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIMS YOU MAKE ON YOUR PROFILE AND AGREE TO ABSOLVE US FROM LIABILITY FOR THESE CLAIMS.
Additionally, WE will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this WEBSITE or any third party CONTRACTORS OR for any direct loss; for any indirect, special or consequential loss; for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; or for any emotional or physical harm YOU OR YOUR INTERESTS MAY INCUR.
BT has an interest in limiting the personal liability of our Members and/or Employees. You agree that you will ALSO not bring any claim personally against BT, Our Members or Employees in respect of any losses you suffer in connection with this Service. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Service disclaimer will protect BT, Our Members, Employees, agents, partners, subsidiaries, successors, assigns and sub-contractors.
This TAC will not limit any warranty or exclude any warranty implied by law that it would be unlawful under UK LAW to exclude or limit; and nothing in this TAC will exclude or limit the liability of BT in respect of any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit its liability.
- By utilizing BT, you are releasing your rights of ownership to your profile and the contents of your profile. We are granted access to your profile for any reason and may download any images/artwork we deem necessary.
- BT owns the copyrights to the writing on our website, the images on our website, and the trademark to our business name and logo. You agree that any use of these items without our permission will result in civil proceedings in which you will waive personal jurisdiction to proceed in the court of our choosing in the United Kingdom.
- BT reserves the right to utilize your uploaded pictures, artwork, and purchases for advertising purposes in any way we deem reasonable and necessary.
- BT may, at any time, transfer, sub-contract or otherwise sell our rights and/or obligations under this TAC without notifying you or obtaining your consent.
- However, you agree that you may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the TAC under ANY circumstance.
- Under the rare circumstance that a provision of this agreement is deemed unenforceable by the courts of the United Kingdom, the other provisions of this agreement will still remain in tact and you agree to abide by them
Law and jurisdiction
These TAC will be strictly governed under the laws of the United Kingdom and you agree to waive personal jurisdiction and to sit in a United Kingdom court for any proceedings under this agreement.
BT may revise this TAC from time-to-time. Revised TAC will apply to the use of this Website and the Services provided and purchased on this website from the date of the publication of the revised TAC on this website. Please check this page regularly to ensure you are familiar with the most current version.
By continuing to utilize BT, you agree that these TAC are reasonable and you expressly agree to abide by them.
Feel free to ask us questions about our TAC: http://www.blueprint-tiger.co.uk