Commissioners TOS
Jer’s Art Studio EST 2021 (LLC pending) TERMS OF SERVICE Updated 12/14/2021 (Notary Pending)
1-PREQUEL
2-LEGAL DEFINITIONS
3-TOS BEGINNING STATEMENT
4-REQUIREMENTS OF ENTERING CONTRACT
6-USAGE OF DIGITAL SERVICES AGREEMENT
7-ACCEPTABLE USAGE
8-UPDATING THIS CONTRACT
9-LIMITATION OF LIABILITY
10-NON DISCLOSURE AGREEMENT
11-TERMINATION
12-ELECTRONIC SIGNATURE and ELECTRONIC AGREEMENT ACT
13-ADDENDUM
PREQUEL
Thank you for choosing the studio for creating work for you, and becoming a partner, the goods defined are DIGITAL SERVICES rendered by Jerro, the sole proprietor of Jer’s Art Studio, these digital services include paintings and drawings created and saved into portable network graphic files that are later distributed to an audience of over twenty thousand people. Within this body is a legally binding contract in which you must agree upon before getting a commission from Jerro. This step is necessary to protect and realize from both of us what is expected of us in our relationship.
LEGAL DEFINITIONS:
Digital Service: a painting created as a portable network graphics file, completed for a client.
PNG: Portable network graphics file.
Jerro is the sole proprietor and representation of Jer’s Art Studio EST 2021 (LLC pending) Any reference to Jer’s Art Studio as Jerro or Jer, in this body, is a reference to Jer’s Art Studio EST 2021 (LLC pending) The legally binding name of the Sole Proprietor is available upon request and is implied through pending LLC and under Jer’s Art Studio.
POS is defined as the point of sale; in which you complete a transaction with jer’s art studio.
Digital Distribution is the offering of the created DIGITAL SERVICE such as a painting, to be shared behind a posting wall such as Gumroads or Patreon, for a monthly price or one time fee.
CHAPTER 1 - TERMS OF SERVICE
TOS Statement of Intention and Establishment:
The following body is a contract in which you agree to upon commissioning Jerro, you, upon accepting the terms of service hereby agree to and consider and acknowledge this body a legally binding contract; You should seriously consider the following as a binding contract which can be used against you in a legal court of law for lawsuit tribulations and in any legal arbitration.
PART 1, REQUIREMENTS (Legally Binding Name at POS):
Requirements:
Most of the time, when a piece of art is commissioned, the person entering this contract will have a legal name available and present at the point of sale should it be needed, some clientele do not provide a legal name on paypal** in which can be used if needed in reference to point of sale; therefore;
SUBSECTION 1) Should you have no legally binding name to enter hereto this contract you forfeit all rights to legal persecution upon Jer’s Art Studio EST 2021 as an anonymous party, you forfeit all trademarked, intellectual property, and copyright claims. You will be legally recognized as the paypal POS Identification number, and therefore agree to entering this contract and agree to this subsection, and identify that all digital goods created by Jerro are fully Jerro’s copyrighted property for full usage without contest, and are therefore not grounds for legal persecution in anyway shape or form; Should you wish to give your legal name beyond POS and at this moment of signing the contract, do so to upon agreeing to this contract. You do have the right to anonynimity, but realize you will be an ID code and still be bound to this contract.
SUBSECTION 2) Should you have a legally binding name to enter hereto this contract, you agree by your name and by all the courts and bodies of legislation locally, federally and internationally, this body and contract valid and upheld, until Jer’s Art Studio EST 2021 should see it to be ended.
**Paypal is the legal POS used for taking commissions, as recognized and reputed to the Internal Revenue Service as is reputed and legally recognized through Schedule K-1 form 1065, filed through paypal and utilized by Jerro. Each sale is identified through paypal with an individualized ID and is connected to your Legal Name. This ID is legally assigned to you in Subsection 1 should you be anonymous.
PART 2, USAGE OF DIGITAL SERVICES AGREEMENT
Usage:
Jerro has the right to use all png’s and digital services for marketing, merchandising, prints, and digital distribution. Every piece that is arduously created by the hand of Jerro is copyrighted and is Jerro’s property without contest, and property to Jer’s Art Studio EST 2021 therefore;
Subsection 1) You agree by this legally binding contract to withhold all contest in all bodies and courts of law; trademarks on specific characters, any copyright and intellectual property claims and any legal and non-legal litigations against Jerro.
Subsection 2) You agree and recognize all paintings and digital services offered by Jerro are legally copyrighted to Jerro, and can be used by Jerro in which Jerro sees fit.
Subsection 3) Should you contest this, direct arbitration with Jerro is allowed and your contest may be heard, but realize that you have agreed to this contract and even if jerro listens and chooses to hear and adjust to your contest, that you are still legally obligated to follow this contract, and recognize and agree to this body and contract. Jerro respects your characters and your individuality, but realize that in agreeing with this contract and taking a commission from jerro you are allowing full usage of that character for reproduction in a copyrighted (by Jerro) digital service, that you are forfeiting implied licensure by any court of law as you agree to this contract; that all personal characters in copyrighted material owned by Jerro may be used by Jer’s Art Studio for marketing, merchandising, prints, and digital distribution.
PART 3, ACCEPTABLE USAGE*
*see part 6 for further acceptable usage and the studio’s non disclosure agreement.
Subsection 1) You agree not to sell digital services rendered by Jerro as t-shirts, merchandising and and marketing without Jerro’s explicit permission.
Subsection 2) You agree not to alter, change, or paint over; paintings and digital services rendered by Jerro without explicit permission.
Subsection 3) You agree to paying reparations for any libel that intentionally impairs or hurts Jer’s Art Studio and is proven to damage sales or hurt the Studio in any way. You furthermore agree to paying reparations for distributing art without permission, should it be pursued by Jerro in a civil lawsuit that can be proven to hurt the Studio in any way.
Subsection 4) You agree to never use stolen characters in commissions, that all characters are yours or are used with proper permission. Should multiple characters be used, they must also agree to this contract.
Subsection 5) You must provide a proper reference before getting a digital service, if no reference is provided and a general character idea has to be created from nothing such as "please create a fox with this color" etc. , Jerro soley owns that character, Unless you are commissioning a reference sheet from Jerro, a character that doesn't exist yet and is brought into this world by Jerro, is Jerros.
PART 4, UPDATING THIS CONTRACT
Minor changes may be made to this contract which may be in use of language and syntax, you agree to these changes automatically as they do not change the intrinsic points and statements of this contract. An example of a change in language would be fixing spelling errors, or adding information to existing points, however they will be notarized and logged in the addendum of this legally binding body;
Major changes will be sent to your contact information on file, major changes would be changing a subsection entirely, removing or adding drastic contractual agreements that extend beyond minor spelling error or syntax changes. You will be notified of policy changes, and will be reminded of this policy change, and will have to reagree to this contract, if you do not agree to an update, you forfeit all rights to legally pursue Jerro for any reason, and acknowledge Jerro’s ownership of all copyrighted art and digital services and usage as stated in this contract. This contract was created on 12/14/2021 but is not to be legally observed until Notarization in the state of Virginia by Jerro, and legal documentation attached to this contract of proof of notary. Once proof of the first notary is attached, all agreements henceforth are valid.
Therefore;
Subsection 1) A record of updates will be created to keep accountability and integrity of this contract, all minor and major changes to this contract in an addendum at the bottom of this contract, that will include the date, and attached notary. Therefore this document be honored in NOTARY and documented as so by a third party and by Jerro.
PART 5, LIMITATION OF LIABILITY
JERRO IS NOT RESPONSIBLE EXCEPT AS REQUIRED BY APPLICABLE LAW, FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES, OR INACCURACIES FROM THE DIGITAL SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES, ANY INTERRUPTION OR CESSATION OF THIS SERVICE, ANY VIRUSES OR MALICIOUS CODE TRANSMITTED BY ANY THIRD PARTY, THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT AND DIGITAL SERVICES, AND THIRD PARTY MISUSAGE OR MISIDENTIFICATION OF CHARACTERS. JERRO IS NOT LIABLE TO ART BEING LATE OR TARDY TO PREDETERMINED TIME, AND IS NOT LIABLE TO STRICT DATES OF COMPLETION; YOU AGREE TO LATE ART SO LONG AS JERRO RESPONDS TO YOUR COMMUNICATION, AND HOLDS A LINE OF COMMUNICATION WITH YOU, (SOMETIMES IT MAY EVEN BE MONTHS OR A YEAR FOR SOME MAJOR PROJECTS, SO PLEASE BE PATIENT, JERRO WILL MOST LIKELY BE AVAILABLE FOR INSTANT COMMUNICATION; if jerro is unavailable due to a medical emergency the line of communication clause may not be used against jerro in any civil contest.)
PART 6, NON DISCLOSURE AGREEMENT
Subsection 1) You agree not to publicly distribute or release jerro’s copyrighted material without permission to do so. Jerro will offer a posting schedule or date in which you are allowed to publicly share that digital service.
PART 7, TERMINATION
Jerro may terminate this contract with you at any time, and revoke your privileges to distribute Jerros copyrighted work, you agree to all usage clauses of this agreement even in termination. Typically in the case of a terminated contract you will be banned from all content and access to all of jerros services and platforms. Termination of this contract can only be commenced by Jerro, should you wish to stop supporting Jerro, you remain inactive and tethered to the obligations of usage and NDA agreements, pursuable by civil litigation for copyright infringement.
PART 8, ELECTRONIC SIGNATURE AND ELECTRONIC AGREEMENT ACT
This legally binding body is enforced and courtesy of the United Electronic Transactions Act (2000) and ESIGN federal act; the ESIGN act has jurisdiction in all 50 states, whereas the UETA functions on a state by state basis valid in 47 states, the District of Columbia and the U.S Virgin Islands.
Subsection 1) You agree and provide consent to electrically conduct business as Jerro agrees to do business electronically; Legally binding this body with mutual consent.
Subsection 2) Jerro’s intention to sign this document is implied each time a commissioner is issued this contract.
Subsection 3) You agree to Jerr0.com being the guarantee of the records and digital signature.
Subsection 4) Records will be kept electronically of this mutual agreement through Jerr0.com the website in which you agree to this contract, and electronically initial to.
Subsection 5) The records which are kept electronically are tied to this contract which will be available on the webpage in which you sign this document on.
ADDENDUM
Please print your name and contact info, and write your Initials the Message Box to electronically agree to the TOS.