Terms & Conditions

About Mystic

Late 20's - nonbinary - they/them
Artist, parent, lover, academic

Terms and Conditions

... for commissioning, purchasing, or otherwise acqiring my art including important disclaimers.

1.Identification of the Artist Name and Aliases: Melany Woods (MoonlitAscension, MoonlitAscensionStudio, Mystic) Email: moonlitascensionstudio@gmail.com 2.Preamble These Terms and Conditions are entered into as of the purchase date of any product or service by and between the purchaser and the Artist. This document establishes the terms and conditions under which the Artist will provide artistic services or premade product for the purchaser. 3. Termination of Commission Services 3.1 Conditions for Termination Requested custom commission services of any kind may be terminated: a) By mutual written consent of both parties. b) By either party upon material breach of this agreement by the other party, if such breach is not cured within fifteen (15) days after written notice. c) By the Client, with or without cause, upon thirty (15) days' written notice to the Artist. In such event, the Client shall compensate the Artist as provided in Section 3.2 below. 3.2 Effects of Termination Upon termination of commissioned services: a) The Client shall pay the Artist for all Services performed up to the date of termination, on a pro-rata basis according to the percentage of work completed. b) If termination is initiated by the Client without cause, the Client shall pay the Artist an additional cancellation fee of 20% of the remaining contract value. c) All materials provided by the Client shall be returned promptly. d) All work-in-progress shall be delivered to the Client in its then-current state. 4. Indemnification 4.1 Indemnification Clause The Artist agrees to indemnify and hold harmless the Client from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from the Artist's breach of these terms and conditions or negligent acts or omissions in the performance of the services or creation or selling of the product. The Client agrees to indemnify and hold harmless the Artist from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from the Client's use of the Artwork in a manner inconsistent with the rights granted under these terms and conditions. 5. Miscellaneous provisions 5.1 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any choice of law or conflict of law provisions. 5.2 Amendments No amendment to this Agreement shall be effective unless it is in writing and signed by both Artist and purchaser. 5.3 Force Majeure Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. 5.4 Severability If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable. 5.5 No Assignment Neither party may assign or transfer this Agreement without the prior written consent of the other party. 5.6 Notices All notices required or permitted under custom commission agreements shall be in writing and shall be delivered personally, sent by certified mail (return receipt requested), or sent by electronic mail to the addresses specified in a personalized Commission Agreement. 6. Intellectual property 6.1 Property Rights Purchaser acknowledges and agrees that the Artist and/or Artist’s licensors own all intellectual property rights on the Artist’s website and artwork, all content appearing on the website and social media and any related documentation. Except as expressly set out herein, nothing in these Terms and Conditions grant to the purchaser any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks and design rights (in each case whether registered or unregistered), or any other rights (including intellectual property rights) or licenses in respect of the website any content appearing on the website or any related documentation. 6.2 Modifications Purchaser must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 6.3 Credit The Artist and author (and that of any identified contributors) of material on the Artist’s website, social media, and any artwork must always be acknowledged. 6.4 Access to Products and Services If the purchaser prints, copies, or downloads any part of the Artist’s website, portfolio, or digital work in breach of these Terms and conditions, their right to use the website and purchase from the Artist will cease immediately and they must, at the artist’s option, return or destroy any copies of the materials they have made. 6.5 Data Mining Other than strictly as permitted by law, purchasers and observers of the Artist’s work must not carry out on the Artist’s website or its content any automated data mining, web scraping or other processes for extracting data or images. 6.7 Commercial Use Purchaser must not use any part of the materials on the website for commercial purposes without obtaining a license to do so from the Artist or the relevant licensors. 7. Acceptable use 7.1 Lawful Use Purchasers and observers may use the artist’s website only for lawful purposes. They may not use our website: 7.1.1 in any way that breaches any applicable local, national or international law or regulation; 7.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; 7.1.3 for the purpose of harming or attempting to harm minors in any way; 7.1.4 to send, knowingly receive, upload, download, use or re-use any material which: (i) is offensive, defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, violent or discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (ii) infringes any copyright, database right or trade mark of any other person; (iii) is in breach of any legal duty owed to a third party such as a duty of confidence; (iv) promotes an illegal activity; (v) invades another’s privacy; or (vi) could be used to impersonate any person or misrepresent your identity or affiliation with any person or body; 7.1.5 to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or 7.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or technologically harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 7.2 Equipment and Networks Purchasers and observers agree not to access without authority, interfere with, damage, overburden or disrupt: 7.2.1 any part of the artist’s website; 7.2.2 any equipment or network on which the website is stored; 7.2.3 any software used in the provision of the website or Artist’s goods and services; or 7.2.4 any equipment or network or software owned or used by any third party. 8. Artificial Intelligence Usage Clause 8.1 Generative AI Usage Under no circumstance is any work from the artist digital or otherwise permitted for use with generative artificial intelligence (herein referred to as GenAI) in any way. Purchasers and observers are prohibited from: 8.1.1 Feeding images of any work from the Artist to any form of GenAI; 8.1.2 Asking GenAI chatbots to replicate the Artist’s style using any photo, replication, or screenshot of the Artist’s work; 8.1.3 Modifying any of the Artist’s work, digital or otherwise, with GenAI. 9. Artificial Intelligence Disclaimer 9.1 Protection of works All works posted on social media or on the Artist’s website are protected using both Glaze and Nightshade programs to deter intellectual property theft. Additionally, any commissioned artwork or purchased digital works are run through the same protective programs. This is non-negotiable.