Terms of Service – Full

Updated April 22, 2023.

If you would like an easy to read TOS in plain, American English, please click here.

AGREEMENT TO OUR LEGAL TERMS

We are Atelier Quest, also known as the individual artist freakmoch, also known as the programmer & developer seabirdshanty, also known as the individual Jamie (“Company“,”we,”us“,”our“), a singular entity that offers digital art services and web development services (the “Services“) via online markets. We present the following terms and conditions, which govern your use of Atelier Quest (the “Website“), and all content, services and products available at or through the Website, including but not limited to https://www.atelier.quest.

The Website is offered subject to your acceptance, whether personally or on behalf of an entity (“you“, the “Client“), without modification, of all of the terms and conditions contained within, along with all other operating rules, policies (including, without limitation, Atelier Quest’s Privacy Policy) and procedures that may be published from time to time on this Website by us (collectively, the “Agreement“, “Legal Terms“).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree that you are bound by the terms and conditions of this Agreement. 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 and conditions are considered an offer by ATelier Quest, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

If you request any Service from us, or make any comment on this Website (any such material, also known as “Content”), you are entirely responsible for your Content and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. YOU DO NOT HOLD US LIABLE IN ANY WAY, SHAPE, OR FORM FOR ANY CONTENT YOU PROVIDE OR SUPPLEMENT FOR USE IN OUR SERVICES. IF YOU DO NOT AGREE WITH THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Table of Contents

  1. Our Services
  2. Services Management
  3. Privacy Policy
  4. Indemnity
  5. Content Posted on Other Websites
  6. No Resale of Services
  7. Client Conduct
  8. Fair-Use Disclaimer
  9. Copyright Infringement
  10. Disputes
  11. Changes
  12. Disclaimer of Warranties
  13. Limitation of Liability
  14. General Information
  15. California Users and Residents
  16. Creative Commons

I. Our Services

Any communication, whether oral or written, that leads to the creation of artwork or code developed by use of the Services (“Request”,”Commission”), is subject to these terms. If such content is requested on a third-party platform such as Ko-Fi, these requests and commissions will also be subject to their Terms of Service.

You, agree to the following provisions for any Content Commissioned or Requested:

  1. We have the right to refuse, deny, or otherwise reject any Commission or Request asked of us if we deem our skills unfit, or feel uncomfortable with the Content being requested.
  2. You are responsible for what you Commission or Request: You retain any intellectual property rights to the Content you Commission or Request, in accordance with applicable law. By Commissioning or Requesting your Content via the Service, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to Commission or Request.
  3. All Content Commission or Requested via the Service in any way is the responsibility of the owner. If Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
  4. You will not Commission or Request anything that condones targeted bigotry, hate, or prejudice against another group.
  5. You will not Commission or Request sexually explicit art in general, regardless of the Content Requested.
  6. You will not resell any part of the Commission or Request without explict permission provided by us. This is including, but not limited to, the use of the Commission, Request, and the Services in any commercial format.
  7. UNDER NO CIRCUMSTANCES will you, in any way, shape, or form Commission, Request, or use the Services provided to include ANY Commission or Request for use in digital currency (known as “Cryptocurrency”) or minting nonfungible tokens (known as “NFTs”). FAILURE TO AGREE TO THIS STATEMENT WILL LEAD TO YOU BEING HELD COMPLETELY LIABLE FOR ANY DAMAGES CAUSED, AND SUBJECT TO THIS AGREEMENT, YOU AGREE TO PAY US A MINIMUM 90% OF ANY PROFITS GAINED FOR ANY ATTEMPT, UNAUTHORIZED OR OTHERWISE, TO MINT NFTS OR USE THE SERVICES FOR CRYPTOCURRENCY.
  8. UNDER NO CIRCUMSTANCES will you, in any way, shape, or form Commission, Request, or use the Services provided to train, collect data to, supply data to, or seed databases, data sets, and algorithms in which Artificial Intelligence (known as “AI”, collectively “AI Databases”) may derive Content similar to the Services or otherwise duplicate the Services provided by us. FAILURE TO AGREE TO THIS STATEMENT WILL LEAD TO YOU BEING HELD COMPLETELY LIABLE FOR ANY DAMAGES CAUSED, AND SUBJECT TO THIS AGREEMENT, YOU AGREE TO DIGITALLY AND PHYSICALLY DESTROY ANY DATABASES AND ANY DIGITAL EQUIPMENT USED TO STORE AND ACCESS THESE DATABASES, AS WELL AS ANY PHYSICAL EQUIPMENT USED TO STORE AND ACCESS THESE DATABASES THAT CONTAIN THE SERVICES PROVIDED BY US COMPLETELY AND WHOLLY.
  9. UNDER NO CIRCUMSTANCES will the Company ever agree, whether oral or written, to sell any Commission, Request, or any part of the Services provided with Cryptocurrency, NFTs, or provide any data to an AI Database, and any such claim stating otherwise is deemed false by perjury of this Agreement.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

II. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Commissions or Requests or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

III. Privacy Policy

We care about data privacy and security. Your use of the Website is governed by the Privacy Policy, currently located at https://www.atelier.quest/legal/privacy. If communication is made on a third-party platform (such as Discord, Slack, or Ko-Fi), such communication is subject to that platforms Privacy Policy in addition to our policies.

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

IV. Indemnity

You agree to indemnify and hold harmless Atelier Quest from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to out of your violation of this Agreement.

V. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any control over those websites and webpages, and are not responsible for their contents or their use. By linking to an external website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external websites and webpages, whether that link is provided by us or by any provider of Content on the Website.

VI. No Resale of Services

As listed in Our Services, and in agreement to our Client Conduct, You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website.

VII. Client Conduct

You agree that you will not use the Website or the Services to:

  1. Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
  2. Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  3. Maliciously impersonate any real person or entity, including but not limited to Atelier Quest, or to otherwise misrepresent your affiliation with any person or entity;
  4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  6. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  7. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other clients;
  8. Provide any material that is illegal under United States law;
  9. Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;
  10. Allow usage by others in such a way as to violate this Agreement;
  11. Make excessive or otherwise harmful automated use of the Website;

VIII. Fair Use Disclaimer

There may be third-party Intellectual Properties, stories, and characters (“Third-Party Entities”) that are displayed by the Services. We do not hold claim, jurisdiction, or ownership of these Third Party Entities, and any such appearance made by these entities in the Services is strictly for demonstrational use only.

IX. Copyright Infringement

If you believe that material located on the Website or any use of Third-Party Entities violates your copyright, you may contact us. We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to the Website to users of the site who have repeatedly infringed upon the copyrights or intellectual property rights of others.

X. Disputes

A. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least seven (7) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

B. Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Diego, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Diego, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this Agreement.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

C. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

XI. Changes

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

XII. Disclaimer of Warranties

This Website is provided “as is”. Atelier Quest and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Atelier Quest, nor its suppliers and licensors, makes any warranty that the Website will be error free or that access to the Website will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.

XIII. Limitation of Liability

You expressly understand and agree that in no event will we, Atelier Quest, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

The foregoing shall not apply to the extent prohibited by applicable law.

XIV. General Information

This Agreement constitutes the entire agreement between us and you concerning your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized representative of Atelier Quest, or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Atelier Quest regarding these Terms of Service and/or your use or access of the Website will be governed by the laws of the state of California and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in San Diego, California for any disputes arising out of or relating to your use of the Website or your acceptance of this Agreement.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

XV. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

XVI. Creative Commons

This Terms of Service document is based on one developed by Automattic (http://wordpress.com/tos/) and Dreamwidth (https://dreamwidth.org) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License. This Terms of Service document also contains text generated by Termly (https://termly.io) for ease of writing.