Buy Cover Artwork Terms And Conditions

IN ORDER TO BE ABLE TO ACCEPT THESE GENERAL TERMS AND CONDITIONS, YOU MUST BE AT LEAST 18 (EIGHTEEN) YEARS OF AGE. IF YOU ARE NOT AT LEAST 18 (EIGHTEEN) YEARS OF AGE, PLEASE DO NOT REGISTER FOR OR USE BUYCOVERARTWORK.COM

1. Introduction

  1. We provide a platform for designers to sell cover artwork which you can make available online or otherwise use when making your digital music files available for downloading, streaming, and similar. The cover artwork the designer creates for you is referred to below as the “Artwork”.
  2. Designer(s) sell pre-made Artwork, which we provide on the website with the address buycoverartwork.com (“the Website”). The designer later adds the pictures, graphical materials, and texts you are asked to provide us when you order the Artwork to the pre-made Artwork.
  3. These Terms and Conditions, together with any information on the website (“this Agreement”), govern your purchase of Artwork from us and use of such Artwork. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not buy Artwork from us.

2. Ordering, Prices, And Delivery

  1. When you order Artwork from us, you may order the Artwork without any texts, logos, or uniforms, or you are asked to provide us with specific pictures, graphical material, and texts which the designer will use when creating your Artwork. The images, visual material, and texts you are to provide us with shall follow the detailed specifications provided in connection with each Artwork on the website and with the provisions of this agreement.
  2. The pictures, graphical material, and texts you provide are referred to below as “Your Materials.”
  3. When you place an order to purchase Artwork from us, we will send you an e-mail confirming the receipt of your order. Once we have received Your Materials and approved them, The Designer will send you an e-mail containing a preview of the updated Artwork you purchased with your material added. You can accept or request some minor changes in the design. We reserve the right to reject any order or customization request hereunder. We may make such a decision at our discretion.
  4. Once we have sent you the Confirmation E-mail, you are not entitled to cancel or modify your order.
  5. After ordering an Animated Cover Art, our Designer/s makes an eight seconds loop animation after purchasing a total price, and in this case, there is no preview Animated Cover Art, but you can see the existing animated cover art of prior artworks as examples at
  6. The purchase price is displayed on the website. All prices, as shown, are listed in USD and are exclusive of VAT (where applicable) at the appropriate rate.
  7. We deliver the Artwork via a downloadable link or file by e-mail.
  8. Delivery is made at the latest 48 hours after your receipt of the Confirmation E-mail and our receipt of payment from you. for animations, it could take up to a week.

3. Defaults, delays, and limitation of liability

  1. Immediately after receiving the Artwork, you shall examine the Artwork. If there are any deviations or shortcomings in the specifications provided on the Web Page, you shall notify us within seven days and describe such deviations or shortcomings in detail. Failing to do so, you lose the right to rely on any defects or weaknesses. We shall remedy any deviations or deficiencies you notify us of immediately.
  2. In cases of delay, a penalty shall be paid in the sum of 10 (ten) percent of the stipulated fixed price for each week, or part thereof, for which delivery is delayed. In cases where the delay exceeds 2 (two) weeks, you shall be entitled to rescind the agreement by notifying us in writing (for instance, by e-mail). If you revoke the contract, we shall repay you the Artwork’s purchase price. To avoid doubt, if we refund the purchase price, we shall not be liable to pay any further damages.
  3. After confirmation of the digital product and purchasing the price, there is an extra settled, agreed charge for further editing and changing the Artwork.
  4. In addition to that stated in the provision of Reliefs, our liability shall be limited as regards defects and delays: We shall not be liable for indirect losses, such as lost profits, costs of equipment, and similar costs or losses. Our obligation to pay damages and penalties shall, in the absence of intent or gross negligence, be limited to the payment of a sum that shall not exceed the Artwork’s purchase price. We shall not be liable for your loss of data.

4.1 License

  1. The Templates contain designs, graphical elements, and other materials protected by copyright, trademark, design, and other intellectual property legislation. All materials contained in the Artwork, which are not Your Materials, are referred to below as “Our Materials”.
  2. We shall be the owner of all rights, titles, and interests to Our Materials, and this agreement shall not constitute a transfer of any such ownership rights to you.
  3. We now grant you the right and license to make the Artwork available to the public on the Internet, mobile communication networks, or in connection with your digital distribution (downloading, streaming, streaming on demand, and similar) music files.
    Make the Artwork available to the public on the Internet, on mobile communication networks, or in connection with the online advertising, promotion, and publicizing of the music files associated with the Artwork.
    Make copies of the Artwork in connection with the digital distribution of your music files, including in connection with the downloading of the Artwork by users.
    Sub-license any of the rights above to record companies, aggregators, digital music download or streaming services (iTunes, Spotify, etc.), and other distributors and re-sellers of digital music; and to
    Sub-license to users the right to make copies of the Artwork in connection with their legitimate use of the associated music files.
  4. You may not exploit any of our rights separate from the Artwork. Moreover, you may not register any of Our Materials, or any materials similar to that, as trademarks, designs, or equal or challenge any trademark registrations or design registrations without obtaining our written approval.
  5. On the website, we provide Artwork under three types of licenses Exclusive, Non-Exclusive, and Custom Cover Arte) Exclusive Cover Art is designed exclusively, initially sold as the first service, i.e., sold once and removed from the store.
  6. Non-exclusive Cover Art is created with different elements/contents/colors/stock-copyrighted-free royalty images on them. They sometimes have more than one owner, making them very cheap and suitable for low-end budget musicians, producers, bands, and artists.
  7. Custom Cover Art packages are made according to your needs and are designed specifically for you and based on your taste.
  8. You may use the Artwork without territorial restrictions, thus in any country in the world.
  9. If the Artwork you purchased is Exclusive, we will not sell the same Artwork to any other customer, and it will become out of stock right after you buy it.

4.2 Term and Termination

  1. Your right to exploit the Artwork as stipulated above shall be without time limitations. We may, however, terminate the term of the license if you should be in material breach of any provisions of this agreement.

5. Your Materials

  1. You shall be the owner of all rights, titles, and interests to Your Materials, and this agreement shall not constitute a transfer of any such ownership rights to us.
  2. We shall be entitled to use Your Materials when creating the Artwork. We shall also be entitled to display the Artwork on the Web Page or use it to promote our services. Any other rights to use Your Materials shall be deemed especially reserved by you.

6. Warranties and representations

  1. You now represent and warrant that:
    1. Your Materials shall not infringe on any copyright, trademark right, design right, patent right, right to a person’s name or picture, privacy right, or any other right of any person or entity.
    2. You have obtained all relevant consents for any use hereunder of Your Materials, including all necessary consents according to the Copyright Act or any similar legislation in any other country where the Artwork is to be used.
    3. You have obtained all relevant consents from the creators of Your Materials and/or all persons or third parties who hold or own rights to Your Materials.
    4. Your Materials do not violate any law in any country of the world.
    5. Your Materials do not contain any material of the Criminal Act as regards the instigation of rebellion, the persecution of an ethnic group, child pornography crimes, or unlawful descriptions of violence.
    6. Your Materials shall not be obscene or defamatory to any person.
    7. You have attained the age of 18.
  2. We hereby represent and warrant that.
    1. Our Materials shall not infringe on any copyright, trademark right, design right, patent right, right to a person’s name or picture, any privacy right, or any other right of any person or entity.
    2. Our Materials do not violate any law in any country of the world.
    3. Our Materials do not contain any material of the Criminal Act regarding the instigation of rebellion, the persecution of an ethnic group, child pornography crimes, or unlawful descriptions of violence.
    4. Our Materials shall not be obscene or defamatory to any person.

7. Indemnification

  1. You shall indemnify and hold us and any of our affiliates, corporation partners, directors, members, employees, representatives, etc., harmless from and against any claims, losses, damages, liabilities, costs, and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach, or alleged breach, by you of the above warranties and representations and/or the provisions regarding your use of Our Materials hereunder.
  2. We shall indemnify and hold you and any of your affiliates, licensees, directors, members, employees, representatives, etc., harmless from and against any claims, losses, damages, liabilities, costs, and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach, or alleged breach, by us of the above warranties and representations and/or the provision regarding our use of Your Materials hereunder.

8. Damages

  1. Should we be in breach of contract, we shall compensate you for any damage caused because of such breach of contract (including indirect losses, such as lost profits, costs of equipment, and similar costs or losses), and this without proof of intent or negligence. Regarding defaults and delays, the provisions in 3 b) – c) on penalties and limitation of liability shall apply instead.
  2. Should you be in breach of contract, you shall compensate us for any damage caused (including indirect losses, such as lost profits, costs of equipment, and similar costs or losses) because of such breach of contract, and this without proof of intent or negligence.

9. Access To the Website

  1. We will do our utmost to ensure that the availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed due to the nature of the Internet. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
  2. We assume no liability whatsoever for any errors or delays, or interruptions in the services provided on the Website in the case such services are attributable to your computer system or network, your access to the Internet, transmission errors, or other errors and/or delays or interruptions on the Internet or other public networks.

10. Force Majeure

  1. Neither party shall be required to fulfill any of its obligations herein if such fulfillment cannot be fulfilled due to circumstances outside the control of the such party (” Force Majeure”). Suppose a party cannot fulfill its obligations due to Force Majeure. In that case, such party shall notify the other party of this and, if possible, estimate when due fulfillment can be expected.

11. Personal Data

  1. We may only use your data for internal use and fulfilling our obligations under this agreement. We may not sell, transfer, lend, or license the data to any other third party or show the data to any other third party or inform any third party of the data. Should you want to receive information about what personal data we have concerning you, you can contact our customer service (please see below). Please get in touch with our customer service if you want us to delete or alter such personal data.

12. Customer Service

  1. Please get in touch with our customer service if you have any questions or wish to submit any complaints to us.

13. Miscellaneous

  1. We may transfer our rights and obligations of this agreement, in whole, to any third party without your prior written consent.
  2. Any notice according to this agreement to be given by a party under this agreement shall be deemed to have been given i) in the case of personal service; at the time of service, ii) in the case of prepaid registered mail: at the latest seven days after the date of mailing and in the case of an e-mail; in the case of the date of mailing if sent by us to the e-mail address used by you when purchasing Artwork or if sent by you to the e-mail address of our customer service (as indicated on the Website).
  3. Suppose any provision of this agreement or its application shall be declared or deemed void, invalid, or unenforceable in whole or in part for any reason. In that case, the parties shall amend this agreement to give effect to, so far as is possible, the intention of this agreement. Suppose the parties fail to amend this agreement. In that case, the provision, which is void, invalid, or unenforceable, shall be deemed deleted, and the remaining provisions of this agreement shall continue in full force and effect.
  4. The headings in this agreement are for convenience only and shall not affect the interpretation of any agreement provision.
  5. If any discrepancy or ambiguity exists between the provisions of this agreement and the information on the website, the provisions of this agreement shall take precedence.
  6. This contract has been executed in digital form, and we will store its copy in such form, properly signed.
 
If you have any questions, you can ask them Here. 
Buycoverartwork - Album Cover Art Design Services For Musicians And Bands.‏