Terms of Use

Our website address is: https://www.kayeouthwaite.com

This website is operated by Kaye Outhwaite. Throughout the site, the terms “artist”, “we”, “us”, “me”, “my”, “I” and “our” refer to Kaye Outhwaite. The terms “client”, “you”, and variations thereof refer to customers and visitors of this website.

We offer 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 these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink.

These Terms apply to all users of the site, including but not limited to browsers, customers, merchants, and contributors of content.

Please read these Terms carefully before using our website. If you do not agree with any part of these Terms, you must not access the website or use any services.

If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the store will also be subject to these Terms.

You can review the latest version of our Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. Your continued use of the website following any changes constitutes acceptance of those changes.

General Terms

  • We reserve the right to refuse service to anyone, at any time, for any reason.

  • Your content (excluding payment information) may be transferred unencrypted over networks and adapted to conform to technical requirements. Credit card information is always encrypted.

  • You agree not to reproduce, copy, resell, or exploit any part of our Service or Works without express written permission.

  • The Artist reserves the right to protect the integrity of their work by preventing modification, distortion, or mutilation that would be prejudicial to their honour or reputation.

  • The Artist has the right to attribution (or paternity) to insist that their authorship be acknowledged properly and to prevent use of their name on works they did not create.

  • The Artist has the right of disclosure to decide if, when, and how a work is presented to the public.

  • The Artist has the right of recall to withdraw, destroy, or disavow a work if it is changed or no longer represents the Artist’s views

Reservation of Rights (Services)

  • You agree not to reproduce, copy, resell, or exploit any part of our Service or Works without express written permission.

  • Original works remain the property of the Artist unless expressed otherwise in the Illustrator’s or Licensing Agreements. Clients are responsible for the return of original works in undamaged condition within 30 days of the first reproduction. Clients shall also return all copies of the works, and permanently delete all digital copies thereof, within 30 days after expiration of the client’s usage rights (see Illustrator’s or Licensing Agreements for details).

  • All rights not expressly granted above are retained by the Artist, including any electronic rights or usage unless specified within an Illustrator’s Agreement or Licensing Agreement, including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any grant of rights detailed in the Illustrator or Licensing Agreement is conditional upon receipt of full payment. Upon receipt of full payment, Artist shall deliver digital files necessary to enable the client’s usage rights granted herein. Any use additional to that expressly granted in the Illustrator or Licensing Agreements requires arrangement for payment of a separate fee. Artist retains the rights to display all work created by Artist for this Project, including preliminary materials and final art, in Artist’s portfolios, including in print and online, and to submit such work to design or art periodicals and competitions.

Cancellation and Kill Fees (Services)

Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that, for any reason, the job is cancelled or postponed before the final stage. One hundred percent (100%) of the total fee is due, regardless of cancellation or postponement of the job if the art has been completed. Upon cancellation or kill, Artist retains all rights to the works, and all original art and copies thereof (regardless of prior agreements detailed in the Illustrator or Licensing Agreements) must be returned, including skethces, comps, or other preliminary matierals, and client shall permentently delete all digital copies thereof.

Permissions and Releases

You agree to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorneys’/lawyers’ fees, due to materials, including the work, at the request of the Client, for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Embedded Content From Other Websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How Long We Retain Your Data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users who register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What Rights You Have Over Your Data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Contact Details

For questions and/or comments about our policies, please contact us by using the following contact details:

Kaye Outhwaite
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Belgium
Website: https://kayeouthwaite.com
Email: info@kayeouthwaite.com