Terms of service
These following rules are a binding agreement that the user, referred to as Member, Buyer, or Seller (service provider), enters upon signing up and registering on CGARTIST.COM (also called site, platform, or Marketplace).
CGARTIST.COM is a global Marketplace platform that brings Buyers and Sellers of CG art- and related design-services (called CG jobs) together, processes the payment, and makes sure the rules are adhered to by all parties. In exchange for that service, CGARTIST.COM takes a 10% commission (the commission amount may change in the future or during promotions).
A Member can be a Buyer, a Seller, or both. To be a Seller and to be able to publish CG jobs, specific requirements need to be met (see the section on Seller rules below). A Member, or Buyer, becomes a Seller at the moment he offers a published and confirmed CG job to the public. Only CG jobs that are related to computer graphics and digital design are permitted on the Marketplace.
Posting a job is free of charge. A Seller may post as many jobs as required within reasonable amounts. A Seller may post the same job only once. Duplicated or very similar jobs will be deleted. A Seller can also be a Buyer. If a Buyer want to become a Seller, it is required that the CGARTIST.COM Seller conditions are met.
Posting of offensive, illegal, copyright protected, or otherwise improper material, including messages containing the above, on the site is prohibited and will result in account termination without notice.
The maximum USD amount you can post a job for is currently $ 400 + extras. 90% of the funds that are collected are disbursed to the Seller and CGARTIST.COM Marketplace charges a service fee of 10%. Buyers and Sellers are responsible to scan all transferred files for viruses and malware. CGARTIST.COM will not be held responsible for any damages caused by infected files. You can access all communications and files that are related to an order from the private message box. Make sure you describe your job’s final deliverable in detail. Indicate amounts, durations, file formats, resolution, etc.
CGARTIST.COM is a platform for Buyers and Sellers to exchange services. CGARTIST.COM is not responsible for legal disputes resulting from the services, including copyright disputes, misuse, or any other violation of the law. Sellers are fully responsible and legally liability for their summited material. Any legal or copyright violation will result in a permanent account termination and a lifelong user-ban. In addition, it will be reported to the authorities and made public.
The following SECTION A explains the rules specific to the CGARTIST.COM Marketplace processes, while in SECTION B the general terms of the CGARTIST.COM online e-commerce conditions are explained.
SECTION A: RULES SPECIFIC TO CGARTIST.COM PROCESSES
SECTION A1 – CGARTIST.COM MARKETPLACE RULES
Every Member of the Marketplace can be a Buyer, a Seller, or both. Anyone can join after confirmed e-mail registration. While anyone can join and buy services by registering only with your e-mail, we have strict rules for offering CG jobs. Please read the requirements carefully. Any CG job that doesn’t fulfill the requirements will not be confirmed. You grant us the rights to publish, copy, and communicate your uploaded content on our site, or any of our web- and social-media channels for the purposes of operating and promoting your CG job and the site to the public and to potential clients. The site’s base currency is US Dollar.
CGARTIST.COM is operated by CGARTIST, a registered business in the Republic of Singapore (Registration No. UEN 53341796A). All interaction, transaction, and communication between users, Members, Buyers, Sellers, and the Marketplace are governed by the laws of the Republic of Singapore. Once you register yourself as a Member, you agree to enter the Marketplace under the juristriction of the Republic of Singapore and its governing laws. CGARTIST.COM does not charge any VAT or GST tax and does not collect or reimburse VAT or GST tax on the behalf of others. If your business is a VAT or GST registered business in or outside of Singapore, it is your own responsibility to factor in, deduct, and report these taxes in your own jurisdiction. CGARTIST.COM has the right to cancel the Membership of any Member in case of misconduct or any other reason deemed necessary. Users, Members, Buyers, and Sellers are fully responsible for their material, communication, and conduct. Users that violate the code of conduct on the Marketplace will be removed.
SECTION A2 – BUYER RULES
Service provider (Seller) selection:
Before you purchase a service, you have to make sure that the service provider is available and the offered service product fits your need, and the skill level and style of the service provider match your requirement. This is usually done by reviewing examples, previous jobs, profile information, and external portfolio links by the service provider. The job image and description give you an example of the quality, style, and level of detail offered by the Seller. No fees are charged to Buyers. We support a number of payment currencies for your convenience. After payment has cleared, the Seller will be notified about the service and start working. A Buyer will be notified of order status changes by e-mail. Buyers and Sellers may at any time mutually cancel the order without a negative effect on the Seller’s rating. If for any reason your order gets rejected, your amount will be placed in your CGARTIST.COM balance and will be available to you for purchasing other jobs on CGARTIST.COM. Any funds you may have in your balance will automatically be used on your next purchase.
SECTION A3 – PROJECT BRIEF
It is the sole responsibility of the Buyer to provide a clear and comprehensive brief, that includes a detailed description of the required service and possibly a drawing or concept sketch. It is a good idea to communicate a short summary of the job and have it confirmed by the Seller before the project starts.
SECTION A4 – SERVICE PURCHASE
When you make a payment, your payment data will be handled by a secure connection with our payment providers. No credit card payment data is held on our site, database, or server. Payment encryption is provided through the transaction of the payment providers. Once the purchase of the job is completed, you enter into a binding service agreement with the Seller under the Marketplace terms and conditions. The Seller will deliver the service according to your brief. The Marketplace will hold back your payment to the Seller until the job is completed and accepted by you the Buyer. When you receive the delivered work, you will get unlimited rights of usage of the delivered CG job, unless otherwise noted in the job description. If you have any special requirements, such as needing a specific receipt that lists the performed tasks and its fees in detail, you have to make this request to the Seller before the CG job starts.
SECTION A5 – DISPUTE
If the Buyer doesn’t accept the delivered service, he has the option to enter a dispute process. The Marketplace dispute center will review the dispute request and make a decision whether the dispute is justified or not. Please note that not liking the outcome of a CG job is not enough for a dispute. Basis for dispute can only be abandonment or a severe mishandling of the job, in a way that has little to no resemblance to the original offer. If your dispute is granted, you will get a refund. It is advised that you solve a dispute with the Seller before requesting a dispute resolution from the CGARTIST.COM dispute center. By the terms and conditions of the Marketplace, you are required to accept the dispute decision of the Marketplace’s dispute center. Sellers and job offers have been thoroughly assessed by the CGARTIST.COM Marketplace to guarantee a high level of trust and quality. If a job has been delivered by the Seller and has not been disputed within the clearing period, it is considered accepted.
SECTION A6 – MEMBER POSTING JOBS / SELLER RULES
Who can post CG jobs? CGARTIST.COM is a Marketplace for professional CG artists. In general, professional CG artists are those with at least 3 years of work experience in the computer graphics and/or design field, or a person that graduated with a degree or certificate from a design school. A dedicated hobbyist turned working professional that has been able to take on paid jobs also qualifies.
Funds can be withdrawn to a PayPal, account. To request a withdrawal, log-in to your account; click on Payments -> Withdraw Money -> Withdraw button and you will see payment notification in your PayPal account within the payment clearance period. To be eligible for withdrawal, you must meet the minimum balance.
Withdrawals are final and cannot be undone. Please make sure to use your valid and current PayPal account. We will not be able to refund or change this process once it has been activated. PayPal is currently the only way to withdraw funds. To withdraw funds, you have to have a PayPal account.
SECTION A7 – CG JOB CONDITIONS
Before you can post an CG job: As a Seller, you are required to comply with the required information that is outlined in the Seller account opening specification. In addition, we may require additional professional information. This can be in the form of additional portfolio links, publications, or copies of certificates. You are required to be of legal age and to be fluent in English. For any additional info, please write to firstname.lastname@example.org. We may ask you to suggest available time slots to chat with you over Skype as part of welcoming you to the CGARTIST community and to learn more about you. In some cases, where a Seller is already known to us or has a highly visible online presence, some of these steps may not be required.
SECTION A8 – YOUR PUBLIC PROFILE ID
You are allowed an alias or a company name, if your personal ID is verified, known to us, and is on file in our records.
SECTION A9 – POSTING TEXT, IMAGES, AND VIDEOS FOR A CG JOB
You are required to only post images and descriptions that are created by yourself. Any use of third-party images and descriptions, or any other violation of international copyright laws, will result in a lifelong Marketplace ban, and will be reported to law enforcement authorities and made public. Your images and texts have to include a detailed summary of what a Buyer can expect from your offered service. Please provide all information in a compact and easy-to-comprehend format to facilitate the Buyer in making a purchasing decision.
Users agree that unless they explicitly indicate otherwise, the content users submit to CGARTIST.COM, including images, videos, and 3D files, and any other information, may be used by CGARTIST.COM for marketing purposes.
If you spot a copyright, trademark, or any other violation of our terms, we encourage you to report the suspected violations together with proof of ownership. Content that has been reported and that has been found guilty of violating these terms will be removed and the user banned from the site.
By offering a service, the Seller asserts that it has sufficient permission to provide, sell, or resell the service that they offer on CGARTIST.COM.
SECTION A10 – SETTING A PRICE AND A DELIVERY TIME
The minimum hourly rate for CG jobs is 20 US Dollar (USD) per hour, the typical rate is between 20 and 40 USD, while the rate for specialized or high-profile providers can be higher. It is important to understand that the Marketplace will review jobs on the basis of these numbers. If a CG job offer is set at too low a price for the amount of work, the admin will contact the Seller to correct the price, or reject it. The idea of CGARTIST.COM is to let Buyers purchase jobs based on quality and distinct style, not on underbidding and undercutting the minimum rate at the lowest price. Make sure that your CG job price and work amount follow these guidelines. The maximum acceptable total price for a job is currently set at 400 USD plus extras. For jobs that require a higher budget, it is recommended to break them up into a series of job stages.
SECTION A11 – WORKING ON A CG JOB
After accepting a job, make sure to update the Buyer on important design decisions and to deliver the final result within the timeframe in which you set it up. Any changes, delays, or open questions have to be communicated through the Marketplace to the Buyer. Make sure all critical information is only communicated through the Marketplace, for it to be recorded and available for review in case there is a dispute.
SECTION A12 – DELIVERING A CG JOB
Once you are done, send your resulting files including information through the Marketplace if it is within the file size limits. If it is over, please use Dropbox, Google Drive, or any other safe third-party file delivery service. Once the job is delivered, the Buyer gets unlimited rights of usage, unless restrictions of usage are clearly defined, visible, and communicated to the Buyer before the job starts.
SECTION A13 – DEALING WITH A DISPUTED JOB
We encourage our Buyers and Sellers to resolve any issues between themselves. If for any reason this fails, you can contact us and, in worst case, submit the dispute to the dispute resolution center. By the Terms of Service, the outcome of the resolution center is final, legally binding for both parties, and cannot be reversed or disputed. If a Buyer rejects your job delivery, it is encouraged to resolve the dispute by negotiation between Buyer and Seller using the messaging system. Only in worst case, if the dispute cannot be solved between Buyer and Seller, it will enter the Marketplace dispute resolution center. The CGARTIST.COM dispute center will review the dispute and may ask for additional job details, files, or may have additional question. A dispute will be granted to the Buyer if a job has been abandoned or severely mishandled and the outcome does not match the advertised level of quality, style, or level of detail. In that case, the Buyer will receive a refund. If a Buyer dispute request is unclear or cannot hold up to the requirements, it will be rejected and the Seller be paid anyways. It is advised to resolve any misunderstandings that can lead to a disputed job with the Buyer beforehand.
If a Buyer/Seller has a dispute which they fail to resolve, a support ticket needs to be submitted. A Buyer cannot open a dispute through PayPal or Stripe. Doing this can result in account suspension. This page will be given to PayPal or Stripe as proof that all users of the site CGARTIST.COM, Buyers, and Sellers agreed to process a dispute through the official CGARTIST.COM dispute resolution center. When a Buyer is refunded for a canceled job, the funds can only be received back via the CGARTIST.COM account and not through a Paypal or Stripe payment dispute. Any violation of these terms will result in the termination of the user and his account.
Fraud protection and fraud handling
CGARTIST.COM is protecting Sellers from fraudulent Buyers by using a variety of fraud detection methods, including fraud protection measures by the payment providers. Nevertheless, Sellers share a responsibility in detecting suspicious behavior by Buyers with fraudulent intensions. If a fraud occurs despite the protection in place, the effected job will be frozen. When a fraudulent Buyer issues a chargeback, unauthorized charge, bank reclaim, or any other method which removes his/her funds from our account, we can no longer issue payments to the Seller. In this case, the order is cancelled and an e-mail notice will be sent to the Seller regarding the reason of cancellation. We do not compensate Sellers for time or upfront investment, such as funds used to outsource to other parties. Fraudulent Buyers will be banned without warning. Any attempt to reclaim funds without requesting a refund directly via CGARTIST.COM helpdesk ticket will cause your account to become restricted. This includes PayPal disputes, chargebacks, unauthorized charges or credit card reclaims. We will dispute a fraudulent chargeback with proof that the job was accepted through screenshots and server activity logs. In that case, the assistance and co-operation of the Seller is needed. This process may take up to eight months. If the dispute is successful, the Seller will be reimbursed with the amount recouped from the dispute.
SECTION A14 – GETTING PAID
Once the Buyer accepts your job, the eligible funds will be credited to your account. The job is considered accepted if the Buyer gave his approval, or in case the clearing period has passed after job completion without a dispute, or a dispute has been finalized in favor of the Seller.CGARTIST.COM currently charges a 10% commission fee that covers the collection and platform fees from the Marketplace platform (this commission can change if deemed necessary). You can ask to have the funds credited to your PayPal account after the amount of time needed by the credit card company to assure that no back charges occur. Please check back frequently to review updates to this policy. The minimum amount for a payment is set in your account details. Be aware that PayPal charges a service fee for receiving funds that they will deduct on your side. If you job fee has been collected in a different currency, we convert the amount by international standard rates that our currency conversion partner supplies. If your collected fees are in a different currency, you may be charged a currency conversion fee by your bank or financial service provider. Please note that these payments are not done automatically, but manually and individually. Please take into account that payments can be delayed during holidays or typical busy periods. Service providers are responsible for providing receipts with listed services and fees to Buyers on request, if required and requested at the start of a CG job.
SECTION B – GENERAL TERMS OF SERVICE
This website is operated by CGARTIST.COM (CGARTIST, UEN: 53341796A, Singapore). Throughout the site, the terms “we”, “us” and “our” refer to CGARTIST.COM. CGARTIST.COM 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. By visiting our site 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. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current Marketplace 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.
SECTION B1 – GENERAL ONLINE MARKETPLACE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state, or province of residence, or that you are the age of majority in your country, state, or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION B2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including 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. 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. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION B3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION B4 – MODIFICATIONS TO THE SERVICES, PRICES, AND RATES
Prices and rates for our products and services 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.
SECTION B5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION B6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized resellers. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Marketplace. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail regard shipment of physical goods, please review our Returns Policy.
SECTION B7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new features, tools, and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION B8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION B9 – USER COMMENTS, RATINGS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION B10 – PERSONAL INFORMATION
SECTION B11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION B12 – 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION B13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CGARTIST.COM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION B14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CGARTIST.COM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION B15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION B16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION B17 – 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.
SECTION B18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
SECTION B19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION B20 – REFUND GUIDELINES FOR PHYSICAL GOODS (IF APPLICABLE)
CGARTIST.COM is an online Marketplace for digital services, where refund policies do not apply. In general, no refund is given to digital services as a general rule. If a service offer includes the delivery of a physical item, such as a printed images, a 3D print, or collectible sculpture, or any good that needs to be shipped by mail, it is between the Buyer and the Seller to negotiate the terms of a replacement in case there is a defect or damage. Items purchased on CGARTIST.COM cannot be refunded. Every completed job on CGARTIST.COM is final. If a job on CGARTIST.COM details the shipment of a physival item, it is between the Buyer and the Seller to handle an exchange or a refund.
SECTION B21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com