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© Copyright Apridian LLC
Last Revised December 2022
(1) These terms and conditions contain the business terms that apply between you and the contractor, Apridian, L.L.C (hereby "Apridian LLC") for the use of April Klein's entrepreneurial services. A contractor is either a natural / legal person or a business entity with legal capacity who, when concluding a legal transaction, exercises commercial or independent professional activity.
(2) These terms and conditions apply to all of our future business relations without me needing to refer to them again and the terms apply automatically to business negotiations made by verbal agreement, such as when spoken over the telephone. If the hiring agent (or company) uses conflicting or supplementary “General Terms and Conditions of Business”, then the validity of these is hereby objected to. They shall only become part of our contract if I have read and expressly agreed to them.
(3) Deviations from these terms are only effective if they have been expressly agreed in writing, ex.) in individual offers made by Apridian LLC and sent to you.
(1) The contract’s subject matter comprises of the work, and thereby the resulting works, that this company offers. In detail, the contract will contain information pertaining to creative and artistic services in the fields of illustration, design and layout and other creative media, not limited to but including: animation, video editing, creative writing, marketing, web / app development, and similiar design agency and publishing services. You will find all characteristics essential to the carrying out of these services within your individual offer.
(2) To begin a new contract, you should contact me directly via the contact form on my website and describe your request, so that I can make you an individual offer according to your specifications. You will then receive a binding offer from Apridian LLC The contract between us will only be concluded by your explicit assignment of the text-based offer that has been sent to you. If applicable, I will also send a "commercial letter of confirmation", a text document likely to be sent as an email, which refers to any applicable verbal agreements made during our contract negotiations. Silence in response to and regarding the inital offer will be interpreteted as "ghosting", or a general lack of interest in the offer. However, if you do not respond to an updated offer immediately (within a 7 day period), your silence shall be regarded as an acceptance of the new terms as they apply to our ongoing negotiation.
(3) Apridian LLC is not qualified for and does not offer definitive legal or tax advice of any sort. This includes advice regarding competition law, copyright, trademark law and media law. If necessary, you are required to seek external legal advice! Apridian LLC is also unable to register trademarks and propery rights for you.
(1) Dates (such as deadlines) are binding if they are confirmed in text or recorded in a briefing or meeting protocol (minutes).
(2) After you have provided me with a detailed description of your wishes, I will advise you regarding all issues raised by your request. I will then document these insights and I will recommend possible solutions and implement these according to your specifications. You decide on the services to be provided and their further procedure.
(3) Change requests arising from your briefings or our meeting minutes, that modify the content of the contract and / or exceed the planned budget, will be recorded by me in written form and forwarded to you for approval. If you do not agree to my interpretation of your wishes or if you do not agree to the new terms resulting from the implementation of these modifications, then you must object to this notification within 3 working days.
Please read my Collaboration Guidelines entry regarding "scope creep".
(4) You agree to provide me with all of the documents necessary for the planning, conception and implementation of the creative work. These project components must be provided to me within a reasonable time frame. (A time frame, which appropriately reflects the project’s deadlines and allows me enough time to work without undue stress.) The type of documents required, and when they become due, are determined from our individual agreements. (ex. from briefings and meetings where we discuss the project)
(5) You are also required to provide me with all project-related instructions and any other information necessary for a successful delivery of products and / or services. Therefore, you will send me any other components (ex. digital files) that are required for project completion. These are to be delivered in a standard format and in good time. You are also required to ensure that I obtain all rights necessary for the application of your instruction and the use of any qualifying components. (ex. the use of copyrighted materials)
(6) If we jointly define project development stages and if you play a role in our ability to reach these stages, then you will provide me with all of the necessary services in good time. This includes the giving of timely feedback so that I am able to continue working on the project as desired.
(7) You are also obliged to inform me, without being asked, of all circumstances which could be of significance for the execution of the contract.
(8) The following applies to both parties: As soon as one of the parties realizes that a deadline can no longer be met, this party must immediately inform the other contractual partner.
(9) If we agree that I should develop a concept first (before submitting a final) then I will design this specifically for the work being commissioned. In general, you grant me freedom of design, unless you issue binding written instructions before the start of the project. The exact number of sketches, concepts, and / or drafts to be submitted to you will be determined within the framework of our individual contract. If the number of required proposals or drafts (as written in the original offer) have already successfully been carried out and agreed upon, then no further concepts or drafts need to be submitted.
After the correct number of concept proposals or drafts have been delivered, you are obliged to express in writing which draft you would like to see carried out to completion. This request must reach me within seven days and should also contain your requests for modifications or changes (if any apply). These should be expressed as clearly and precisely as possible, and they should not dramatically change the concept of the project or undermine the decisions that we have previously agreed upon. (ex. elements to be found within the image)
Requests for changes after this point in the design process are not guaranteed. These depend on what options you have chosen at the beginning of the project and how complicated the changes are to implement during later phases of the creation process. For this reason, your requests will be considered individually.
Please read here to learn more about acceptable change requests.
If there is no clear expression of which concept or draft should be used and also no rejection of features contained within the concept proposals, then I may continue with the creation of the work even after the previously mentioned deadline has expired on the basis of "a concept that has not been objected to", or, I may decide to terminate the contract.
If you reject my initial proposals (concepts, sketches, etc.), then I have the opportunity to provide you with new proposals. I may present these concepts to you for a maximum of three rounds. If on the third attempt you still reject my proposals, even though I have done my part in attempting to incorporate your wishes, then I have the right to terminate the contract and to demand the appropriate proportionate remuneration for the concept development / design phase. This includes payment for additional proposals not included within the limits of the original contract.
After you approve my concept proposal, I will finish creating the work to the agreed upon extent as written in our contractual agreement.
(1) The project prices result from the initial offer, which is binding. Published prices, verbal offers and non-binding cost estimates sent by e-mail shall not be considered final project prices. Each project is unique and requires individual pricing.
(2) Presentations, drafts (including sketches and concepts) and in-progress drawings and paintings are subject to remuneration (financial compensation), unless otherwise agreed in writing. The remuneration composes of the following creation phases:
"Preliminary Work Fee" (draft) - this is for the conception, planning and layout of the work. This phase is concluded with a "final sketch" or a "first rough draft". In some cases, it may end with a "refined line drawing".
"Rendering Fee" (drawing) - this is for the completion (drawing or painting) of the work This phase ends, for example, with a "final drawing" or a "final illustration".
"License fee" (usage rights) - these grant the customer specific rights of use for the works created (ex. the right to use the work commercially, exclusively, and / or for an unlimited amount of time, etc.)
(3) If the order becomes more complex due to your requests or if you require additional services (ex. rush fee), then we will agree on an appropriate surcharge as compensation for these services. If for any reason we cannot come to an agreement, then the project will be placed dormant (regardless of deadlines) until we can either come to an agreement or decide to terminate our contract.
(4) Expenses (including reimbursement for third party goods and services that I purchase for the sake of the project) and travel costs are due in addition to the remuneration.
(5) Invoices are issued for the creation and licensing of works. These are sent after your acceptance of the work, or in cases where I do not receive feedback, after the completion of the work. The invoice amount is due immediately, and it is to be paid in full.
(6) If my performance is in accordance with the contract, then I am entitled to demand payment (in an amount appropriate for the work commissioned) to my account. In addition, I am allowed to invoice “partial performances” after a segment of the project is completed. I am also entitled to request additional payments, for instance, when licensing fees or royalties become due. These invoice amounts are due immediately and must be paid in full.
(7) As a general rule, the following payments are to be paid. Exceptions exist only in the form of individual offers issued directly by me.
In particular, if an order extends over more than four weeks in its execution, or if it requires financial advance payments from me that exceed 50% of the remuneration to be paid, then the following advance payments shall be made:
1/3 of the total remuneration due upon placement of the order
(I will not begin the order until I receive this payment.)
1/3 of the total remuneration due after 50% of the work is completed
(The deadline for this payment is to be negotiated during the preliminary "draft" project phase.)
1/3 of the total remuneration due after the project is finished and has been delivered
(In most cases I release the final artwork files directly after the last payment.)
(8) You default on your payment - whether or not I have sent you a reminder of the amount due - in whole, or in part, if you do not pay me within 14 days of receiving an Apridian LLC (Apridian Illustration) invoice. Especially in cases where the customer is aware and transparent about the situation, a grace period may be issued for up to 30 days. However, this is not guaranteed. After this point, late fees will incure.
For businesses with multiple locations, please see details.
(9) If there are special reasons (ex. an announcement of insolvency, delayed payments in the past, etc.), then I am entitled to demand payment in advance of project completion.
(1) I will carry out all work to be completed (based upon your design briefings and what we have already agreed upon) within the respective contractually agreed upon time period as stated within your individual offer. Therefore, you are responsible for relating all deadlines, which are applicable for the success of the contract, at the start of the project.
(2) Non-compliance with these deadlines is harmless if, and to the extent, that the delay is due to your breach of duties and / or obligations.
The observance of the deadlines and delivery dates that you have requested, and that we have agreed upon, presupposes that all technical questions have been clarified and that all documents and other project-related obligations have either already been provided by you or will be delivered and / or fulfilled by you in good time. If you fail to deliver these necessary project components, and if, because of this, a timely delivery of the product or service is no longer possible (regardless of rush services) then the delivery deadline shall be extended by a reasonable period of time. Transactions that require delivery by a fixed date will not be concluded.
(3) Either party may terminate the contract prematurely in the event of substantial breaches of duty by the other party. This includes, but Is not limited to the following reasons: if I, for any reason, refuse to work further on the project, if you persistently fail to meet your obligations to cooperate, or if you fail to pay the payments, including installments (as mentioned above) that you owe me. The termination of the contract requires a prior reminder or warning and the setting of a deadline, unless further performance of the contract is impossible or has been rejected by the other party.
(4) Furthermore, you may terminate and end the contract without good cause - in the case of a work to be created, even before its completion. My claim to remuneration shall, however, remain unaffected by this, and you will be charged based upon the amount of work completed.
(5) In the event that you effectively terminate our contract, the previously determined rights of use, as stated in our contract, for material already created, as well as the ownership of all embodiments thereof, shall pass to you against payment proportional to the value of the services already rendered.
Please read here for further details.
(1) Unless otherwise individually agreed, the place of performance (where the contract is carried out) is Apridian LLC's location of business. If you wish to have the final delivery made to another location (other than my place of business), then you assume all risk for this transaction. The risk passes to you as soon as the delivery is handed over to a carrier, or if a carrier is not used, at latest upon acceptance of the product or service by you or your vicarious agents. This risk is transferred even in the case of partial deliveries and / or in the case that I choose to pay for additional services. (ex. transport or delivery-related costs)
(2) In the case of digital work, you will receive the work in a standard web or print file format. For online use, this primarily includes JPGs, but can also include PNGs and in some cases GIF files. For printing, you will usually receive a PDF file in print quality. If agreed, you may receive a high-resolution JPG (lossy format) or TIFF (lossless format) file for printing. If you need or wish to have a specific resolution or format (ex. for use in social media), this must be agreed upon and paid for individually. (ex. time spent editing plus any applicable rights usage fees)
(3) If you have already decided on a printing service provider, you should provide me with all relevant information in advance (layout and printing specifications are generally supplied by the printing company).
(4) The printing itself is not part of my services, but I will be happy to help you find a suitable service provider upon request. (Service fees may apply.)
(1) The copyrights and rights of use for works created by me, including drafts (sketches, layouts, etc.) and work drawings (final artwork), as well as their partial elements, are held by me. I also own any tangible, hardcopy artwork made while working on your order unless otherwise agreed. Your suggestions, specifications and other forms of collaboration do not constitute a shared copyright.
(2) I grant you specific rights of use (belonging to materials that you have requested that I create and deliver to you) only to the extent described in my offer. Thus, a transfer of rights of use is usually granted by means of issuing a license, which has a limited scope. You agree to this license when you agree to the concrete offer that I have sent you.
(3) If the transfer of the rights of use has not been expressly regulated, then the parties agree that in this case (as a standard arrangement) that you have been granted the lowest level of usage rights or "simple rights of use", which allow only for personal use. Commercial usage of artwork is not permitted without the purchase of adequate licensing. As soon as you pay for the appropriate licensing, which will depend on your marketing needs, the rights are immediately transferred over to you for the agreed upon length of time. If no length of time is specifically stipulated, then both parties agree that the length of time allotted to these rights is unlimited.
(4) For cases in which you have been granted non-exclusive rights of use, I shall be permitted to continue to commercially exploit the work and to grant rights of use to third parties. You may choose, instead, to reserve your right to exclusivity for a contractually-defined, limited amount of time for an additional fee.
(5) The parties agree that the transfer of rights of use belonging to this contract also apply to companies that are directly affiliated with you. This means that you may grant sub-licenses to companies in which your company holds interest, for instance through company shares. In this case, you will inform and update me regarding those who obtain usage rights by means of our contract.
(6) The transfer of granted rights of use to third parties requires my consent. I am not required to allow transfers.
(7) Unless otherwise expressly agreed in writing, all additional contractual rights of use apply exclusively to the approved final artwork. (ex. the final artwork, painting or illustration) You must, for example, pay for additional rights in the case that you wish to use or publish my preliminary artwork (concepts, sketches, drafts).
(8) Unless expressly agreed in writing, you are not permitted to edit or modify my work in any way. This applies regardless of whether or not the work consists of sketches, drafts, final artwork, “traditional” originals, digital files or reproductions, etc. The entire work remains protected from this type of use and cannot be edited either in whole or in part. This means that you are technically not allowed to crop the artwork without explicit permission. All other ways of altering the work are also prohibited (ex. by the creation of a transformative artwork) and / or to have it edited, modified or supplemented by third parties (ex. other artists). If the editing of the work is individually agreed upon and appropriately compensated, then the "right to edit" is only valid for purposes approved by me. These reasons will be supplied in writing along with the appropriate usage license.
(9) You agree to disclose your active use regarding purchased licenses and to inform me about any new use of the works that I have created so that I can confirm that such use is covered by your previously acquired license agreements. If your current licenses are inadequate for your current usage, then you will be required to compensate me for the additional rights that you require.
(10) I have the right to be named as the creator (author of the work), unless expressly agreed otherwise. At my choice, the work, as well as all copies of the work, will be signed with my real name or with my artist name "apridian". This is independent of whether the work is displayed digitally or if it is printed, and includes cases where the artwork appears on products or merchandise.
Please read here for further details.
(11) All digital copies of the work must retain the copyright notice in the name of the image file. My name must be electronically linked to the image data. It is also my wish that a "read me" file accompanies the image file. The purpose of this is to explain the rights of use which belong to the file. (ex. name of the customer, order number, title and description of the image, date of purchase, licensed rights and expiry of the license, etc.)
(12) You are not allowed - under no circumstance - to mint my artwork on a blockchain, for instance, in order to create a NFT (non-fungible token). You are also expressly forbidden from posing as the image's creator / copyright holder. Please note that I reserve the right to mint my own NFTs in every case, also in cases where the client has purchased exclusive usage rights, unless otherwise agreed. (This is because an NFT acts as an original / master copy and can only be sold once.) Any deviation to this must be expressly agreed to in writing and validated by me the artist, April Klein.
(1) You guarantee that the content and information provided by you does not infringe the rights of third parties in an illegal manner. I do not carry out any competition, copyright or trademark law checks on the material you have provided or the content you have requested. You hereby release me from any claims in this context. You also agree to reimburse me for any reasonable costs incurred for the purpose of my legal defense in the case that I have fulfilled my duty to minimize damages by handling the case properly.
(2) I will either deliver works that are free of copy- and usage rights belonging to third parties, or I will deliver works with sufficient rights of use for the scope of the agreed upon purpose. If applicable, I reserve the right to choose whether you or I acquire the respective usage rights directly from the owner. (This might be the case when a creative element, like a font, needs to be licensed before use.)
(3) I am not liable regarding the legal claims of third parties requesting a subsequent increase in remuneration; you shall indemnify me from such claims upon first request.
(1) I agree to maintain confidentiality with regard to all information which has come to my knowledge in the course of working for you on the basis of our contract, even after the contract period has expired.
(2) If you expressly request it, I will delete all of the electronically-saved information that you have provided me with. This will take place after our contract has been terminated. If desired, I will first provide you with a copy of the specific information to the extent that it is described in your request. Similarly, information and content that is available in a tangible, hardcopy form will be returned to you upon request. If you decide not to accept the return of these materials, then they will be destroyed. This agreement only applies to objects of your ownership and does not affect the content of any licenses.
(3) Likewise, you agree to treat any documents received from me, which include in particular all ideas, concepts, images, texts and designs, which are not in the public domain, as confidential - even after the expiry of our contract or a termination of our cooperation. All hardware (flash drive, etc.) is to be returned to me, unless expressly stated otherwise. In special cases where I request the return or deletion of a file (and any copies), you have 30 days to comply with this request.
(4) I am not required to retain source files (including Photoshop files), hardcopy original artwork, works, or any work-related files created with the use of a computer, including source codes. If you wish for me to keep and / or delete these, then this must be agreed and remunerated separately.
(5) Only for traditional, non-digital works: All tangible two-dimensional and / or three-dimensional works (sketches, drawings, drafts, work drawings, paintings, models, dummies, samples, etc.) that are delivered to you (in connection with a work order) remain my property unless otherwise contractually specified.
You hold the right of possession (concerning such works) only for cases where, and for as long as, the possession is absolutely necessary for the agreed-upon use of the work. (ex. the creation of reproductions) The cost and risk associated with returning the work remains your responsibility. You are liable for all damages in the event that the work is damaged or lost, including any damages incurred during transit. In such cases, you will be required to pay the agreed-upon compensation (the fair market value of the traditional artwork as if it was being sold). You will not be granted any ownership rights in return.
(1) If a work that I have created matches to the subject of our contract, then the so-called “gesetzliche Gewährleistung”, or “statutory warranty” applies. If the work is defective within the meaning of § 633 BGB (German Civil Code), then you are entitled within the framework of the statutory provisions to demand subsequent performance. If my subsequent performance fails to rectify the defect, then you are permitted to withdraw from the contract or to request a price deduction. If you are able to fix the defect yourself, then you may demand reimbursement for necessary expenses associated with the correction.
(2) If you demand subsequent performance, then the issue shall be remedied at my discretion either by eliminating the defect or by producing new works that are free of defects.
(3) The time period for claiming defect(s) in regard to a work that I have produced is limited to one year from the date of your acceptance, or if acceptance is excluded due to the nature of the work, from the date of the work’s completion.
(4) The following shall not be deemed to be quality data: technical data, specifications and performance data distributed in general public statements.
(5) I enjoy freedom of design during the artistic implementation of the order placed with me. If my work does not meet your taste or if its style does not correspond to your ideas, this alone does not constitute a defect.
(6) Furthermore, minor color deviations found within print results when comparing a screen display versus a computer printout do not constitute defects. These differences occur because of technical reasons. (ex. RGB vs. CYMK) Illustrations, especially in cases where no specific paper profile is provided, often print darker with less or more contrast when compared to the same image on a screen display. This deviation from the original, although unintentional, is difficult to avoid without the use of print settings specifically adapted to the paper and / or printer type.
Print tests should be performed using the same make and model of printer as the final output. I do not perform print tests. These should instead be provided by your print service provider.
(7) "Print quality defects” are to be analyzed by me and they are only to be qualified as defects if they result directly from a defect in the final print file (ex. an incorrect file resolution or color setting).
You are responsible:
If I find that there is no defect in the original print file, then I reserve the right to charge an extra fee for the time required for the analysis. Otherwise, I will set the matter right according to the terms of warranty. Defects will also be reviewed in the case that I agree to include reproductions in my delivery (ex. if a poster is scratched or torn), but the terms of these reviews will be negotiated on an individual basis due to the printer’s shared responsibility in the matter.
(8) The restrictions listed above, as well as the shortening of deadlines, do not apply to claims that are based on damage allegedly caused by me, my legal representatives or my vicarious agents:
Apridian LLC is a Limited Liability Company, all legal rules pertaining to this business form take precedence over what is written here.
(1) For claims based on damages caused by me, my legal representatives or vicarious agents will always be liable without limitation:
In the event that I breach my material contractual obligations through an fulfillment of my “cardinal duties” - which, according to the federal court of justice, are "primary obligations which are required in order to properly execute the contract and which make the contract possible in the first place", and are additionally defined as being "services that the contractual partner can regularly rely upon" - through slight negligence on my part, or on the part of my legal representatives or vicarious agents, then the Liability shall be limited to the amount of damage foreseeable at the time that the contract was concluded. This liability must also match to the type that typically occurs in my line of work.
(2) Otherwise, claims for damages will be excluded. I am not liable for any slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(3) You guarantee that the content and information that you provide to me does not illegally infringe on the rights of third parties. I will not review any competition, copyright, or trademark laws in regards to the material that you have provided me or the content that you have requested that I create. However, I will inform you of any legal infringements discovered while providing my services to you. If my works violate the rights of third parties or are otherwise unlawful because they are based on illegal specifications and / or visual suggestions and templates provided by you, then you alone shall be held liable. You hereby indemnify me from any claims regarding the infringement, and you agree to reimburse me for any reasonable legal defense costs incurred by your negligence in this matter; presuming that I have satisfied my duty to minimize damages by handling the case properly.
If my liability is effectively excluded or limited according to the before mentioned provisions and regulations, then my employees, workers, freelancers, representatives and vicarious agents will also enjoy the same limited liability status to the extent of which it has been granted.
(4) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of technology. A liability for malicious software is excluded.
(5) In the event of unexpected events that are to be considered "force majeure" - natural disasters, pandemics, etc. (including zombie apocalypses and alien invasions! #fantasyartist), I am exempt from liability if it is objectively impossible for me to perform my work.
(1) Unless expressly agreed otherwise, I am entitled, even after termination of our contract, to list the work created for you within my portfolio. This includes all images belonging to your work order and any other presentable work that directly results from the services that I have provided you with. These works may be showcased on my website and featured in my social media canals. I am also allowed to present these works in other types of advertising material as a reference for my services. To the extent limited by our contract, I am also entitled to make copies and to use them for my own advertising purposes. (ex. informational brochure or hardcopy portfolio)
This includes, but is not limited to:
Your project may be featured as a case study or as a video tutorial which shows my artistic process.
Please read here for further details.
(2) For all commercially licensed work: Please provide me, free of charge, with at least five perfect, unfolded specimens of all reproduced works. The same applies to additional print runs, new editions and products created with merchandise licensing, when these differ from those produced in the original batch. I will be entitled to use these samples for my own advertising purposes.
(3) These exemplars will only be kept and used for advertising and personal purposes. They will not be sold without your explicit permission.
(4) Due to the immense differences in quality among providers of printed products, I reserve the right to reprint projects in small print runs (up to 5 copies) - usually in formats that represent the actual end product - exclusively for the purpose of self-advertising.
(1) To the extent that it becomes necessary to involve other service providers for the execution of the contract, the contract will be concluded directly between the third party and you. An invoice is also usually issued directly by the external contractor, even if the contract has been concluded on my recommendation.
(2) In cases where I have made a contract directly with a third party for the sake of our contract, and to the extent which I only pass on the services of this third party (ex. photographers, service providers) to you, my liability is limited to the fault of my selection.
This artist, April Klein, may sell products to you through her own Apridian LLC website or through third party websites, such as Etsy.
Please be sure to note the following limited liability in regards to these products:
Apridian LLC is NOT directly responsible for the manufacturing and shipping of these items.
Because of this, Apridian LLC cannot be held responsible for any inaccurate product information or any issues which may arise from the materials and substances used to form the products. All important product information, such as product care instructions, is relayed as provided by third party providers.
Although high quality is pursued for all products offered, the items vary in nature and no standard longevity or lifespan can be determined or guaranteed for the products.
In case you are dissatisfied with the quality of your product, I suggest that you email me here so that I can look further into the issue.
Due to the various manufacturing processes involved, some items (especially handcrafted items and items like enamel pins) will be unique and potentially feature small blemishes. The point to which these characteristics and / or blemishes are acceptable will vary depending on the item and will be left up to Apridian LLC’s sole discretion. In most cases, they will not constitute as a defect. In cases where an obvious defect needs to be reported, the customer must immediately send a photo of the damaged product to the email address provided, and we will negotiate how the damage is to be compensated on an individual, "case-by-case" basis.
Due to the involvement of third parties, Apridian LLC is not responsible for any damages and will not cover loss or theft resulting from the improper handling of the products by the carriers involved in handling the shipment. Shipped products are not guaranteed to have a tracking number. If you are concerned with how your package is being shipped, then it is your responsibility to reach out to me well in advance of shipment and to inquire about adding additional tracking and / or insurance features. The customer will be responsible for compensating Apridian LLC for any and all additional shipping accommodations.
In cases where Apridian LLC ships a "one-of-a-kind", original artwork, and it arrives severely damaged, the customer will be refunded in full, and no replacement will be issued. If the original artwork arrives minorly damaged, then an individual agreement will be negotiated with the customer. In all cases, the liability for the damage will rest with the carrier used.
Apridian LLC is not responsible for shipping delays and issues involving customs, as these largely pertain to third parties, which lie outside of Apridian’s control. (Ex. Third party shop platforms, print on demand services, shipment carriers, and government agencies, etc.)
Anything sold by Apridian LLC is not intended to be a toy for young children and therefore should never be played with or left unattended with children ages 12 and under. The items sold must only be used for their intended purpose. Apridian LLC cannot be held liable for any product that creates bodily harm due to manufacturing or shipping errors or in cases where customers decide to use the product improperly. - The responsible product manufacturers must be held liable for these charges.
Items purchased from Apridian LLC must never be resold as if it were coming from the original source. If reselling, the product's owner must include information crediting the artist. B2B (wholesale) sales are strictly prohibited unless a specific contractual agreement has been made and explicitly agreed to by the artist.
The sale of any products created with the illegal use of my images and / or the stealing of my copyrighted images and works is strictly prohibited. Copyright infringement will be prosecuted!
I clearly state that I retain the full copyright to my own artwork regardless of where I upload and post it on the internet! (In the case that I choose to "work-for-hire" in the traditional sense, then this retaining of copyright ownership will still apply, but for the new artwork owner.)
I do NOT EVER grant any company the right to:
This list constitutes fundamental artist rights and these will always remain prohibited up until I explicitly agree otherwise via something I write in one of my offers to a customer and whereby the customer fully compensates me for the correlating project including any applicable usage rights licensing, or through signature approval, such as on a written contract. Agreeing to the general terms of service of third parties for the purpose of creating and selling product and / or self-promotion DO NOT constitute as an override of these fundamental terms.
I explicitly state this, since Third Party Terms and Conditions are subject to change without notification and during a time when I am already in the middle of using such services. I clearly state my opinion that these terms are often inconsiderate of artists, who are all too often at the mercy of work-for-hire employers and conglomerate companies who all too quickly write overreaching permissions and licensing rights into their policies and applications.
In choosing to do business with a third party (ex. Printful, Printify, various forms of Social Media etc.), I have read the terms and conditions regarding uploaded image copyright ownership and genuinely believe the intention towards artists to be “harmless”. The point being, that the company requires certain permissions in order to fulfill the orders that I place with them. In each case, it has been made clear that my artwork will always remain under my full ownership. Generally, the licensing rights granted to such companies are extreme and overreaching. For this reason, I explicitly state that as soon as a third party sends me an email signifying a business cooperation and / or otherwise an order verification signifying a purchase made through them, that this automatically triggers an agreement by which they ALSO AGREE to THESE terms and conditions. In case any obvious policy discrepancies arise, those that favor the artist will be deemed valid, since the third party has no honorable interest in the additional usage rights at stake and the third party clearly has not fairly compensated the artist for these excessive rights.
Any email or written notifications that these third parties send me regarding validating the security of their policies in regards to artist's rights will remain valid and "in effect" (regardless of any policy updates) for the entire duration of our business cooperation and up until the point when they remove (and stop using) any content that I have uploaded, including any corresponding account information.
Any licensing terms granted to third parties will be revoked as soon as I delete my artwork from their platform. They are not authorized to keep my artwork on their internal servers after I close my account. Nor are they granted to use my artwork for any intention other than the ones I specify (ex. my order fulfillment; marketing on my behalf) without my explicit approval.
(1) The law of the United States of America shall apply. Mandatory provisions of your state of residence shall remain unaffected. For contracts in which a consumer is not involved, the place of performance is my place of business. (Currently located in North Carolina, USA)
(2) If you do not have a general place of jurisdiction in the United States, if you move your place of residence abroad after conclusion of the contract, if your place of residence is unknown at the time of filing a suit, or if you are a merchant or a legal person under public law, then the place of jurisdiction for all disputes shall be my place of business.
(3) If individual provisions contained within this contract are judged to be ineffective or unenforceable, then this will have no impact on the remaining provisions, as these maintain their legal validity. Likewise, in the case that provisions are found to be in contradiction with the legal regulations currently set in place, the rest of these terms and conditions shall remain unaffected, valid and legally binding.
If an invalid provision is found to exist, then the respective parties - those bound together by the contract - shall replace the faulty provision with a mutual agreement in the form of a legally valid provision. This provision should come as close as possible to the economic sense and purpose of the invalid provision.
The enduring validity belonging to all other provisions in this document, as well as, the order of operations (regarding legally invalid provisions) mentioned above shall also apply in the event that legal loopholes are exploited against these terms and conditions.
Apridian LLC reserves the right to revise these terms at any time.
These Terms & Conditions were officially concluded on 28.07.2020. Updates were made on 12.12.2022. If you would like to stay up to date with when and how these terms are revised, you can request a notice, by emailing me here.
For further information regarding these business terms and my expectations for working together, please read my Collaboration Guidelines.
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