Summary of Service
This Site is a platform where certain users ("Sellers", “Painters, “Illustrators”) run campaigns to consign products or supply services to other users (“Buyers”) who make payment for these products or services. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Sellers, Buyers, and other visitors to and users of the Service (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (including but not limited to any of the foregoing that they request or authorize the Company to do on their behalf) ("Submit") Content. "User Submissions" means any Content Submitted by Users.
Acceptance of Terms
The Service is offered subject to acceptance of all of the terms and conditions contained in
You are not eligible to use the Service without consent if you are under 18 years of age or under the legal age to form a binding contract in your jurisdiction. If you are between the ages of 13 and 17 even if it is not under the legal age to form a binding contract in your jurisdiction, you can use the Service only with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Service. If you are a legal or other non-individual entity, you represent and warrant that you are validly existing under the law of your place of incorporation or establishment, you have authority to form a binding contract, and that all the registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
The Site Changes Constantly
The Site automatically updates constantly. If the need arises, The Company may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and the Company is under no obligation to update such material.
Rules and Conduct
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
you know is false, misleading, or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
impersonates any person or entity, including any employee or representative of the Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. MOESIA CO. LIMITED and ILLUSTBUY.COM reserves the right not to give the reasons for any of these actions.
You, as User, are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User’s account without the other User's express permission. You shall immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
“Buy” is defined as Buyers make payment for a product or service supplied by other Users. By using the buying function provided by us, you agree to be bound by this Agreement in its entirety, including the following terms:
Buyers agree to provide their payment information and make payment at the time they buy a product or service.
The amount that Buyers shall pay (together with any postage or related delivery charges for their rewards, if any) is the amount that they will be charged.
Buyers consent to the payment service provider charging on their credit card or other payment method for the full backing amount immediately after a buying is made.
Buyers agree to have sufficient funds or credit available to ensure that the amount of buying will be collectible immediately after a buying is made.
Buyers may report to illustbuy.com if they are in doubt as if they suspect that there will be any deviation, which shall serve as part of the illustbuy.com's final review before releasing buying amounts to the Seller.
Buyers and Sellers and respective binding contracts are formed between the Sellers and the relevant Buyers. For avoidance of doubt, illustbuy.com is not (and shall not be deemed to be or regarded as) a party to the aforesaid contracts. Further, all payment-related issues are to be handled by the payment service provider designated by illustbuy.com.
For some products or services or other rewards, the Seller needs further information from Buyers, such as a mailing address or other customizing information, to enable the Seller to produce or customize or deliver them. Buyers agree that illustbuy.com may provide such information to the Seller, and Buyers also agree to provide such requested information to the Seller direct upon request.
Detailed provisions in relation to refunds of the backed amounts collected from Buyers are set out in the “Refunds” section below.
By buying or selling on ILLUSTBUY.COM, you agree to be bound by this entire Agreement, including the following terms:
● Buyers agree to provide their payment information at the time they pay to buy a product or a service. The amount Buyers pay (together with any postage or related delivery charges for
their goods/rewards, if any) is the amount they will be charged.
● The Estimated Delivery Date (if any) listed on each product or service is not a promise to fulfill by that date, but is merely an estimate of when the Seller hopes to fulfill by.
● Seller agree to make a good faith attempt to fulfill each promise by its Estimated Delivery Date.
● The Company does not offer refunds. A Seller is not required to grant a Buyer’s request for a refund unless the Seller is unable or unwilling to follow this Agreement.
● Sellers are required to deliver all products and/or services and/or fulfill all promises of their successful campaigns or refund any Buyer whose request they do not or cannot fulfill.
● Sellers may cancel a sale or refund a Buyer at any time and for any reason, and if they do so and accepted by the Buyer, they are not required to fulfill the promise.
● In case of any failure in processing or receiving payment from Buyers, for whatever reason whatsover, The Company absolutely cannot and does not guarantee at all the receipt of any uncollected or unprocessed amounts.
● The Company and its payments partners will deduct their fees before or after transmitting
proceeds of a campaign. Fees may vary depending a number of factors such as form of payment, kind of credit card, currency of transaction, location of the bank or credit card companies etc.
● ILLUSTBUY.COM reserves the right to cancel a payment at any time and for any reason.
● ILLUSTBUY.COM reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. The Company is not liable for any damages, whether direct or indirect, as a result of any of those actions. ILLUSTBUY.COM ’s policy is not to comment on the reasons for any of those actions. Sellers should not take any action in reliance on having their full-size original works posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful promotion campaign and access to the payments.
The Company is not liable for any damages or loss incurred related to rewards or any other use of the Service. The Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. The Company does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release MOESIA CO. LIMITED, ILLUSTBUY.COM, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
The Company is not liable for any damages or loss incurred related to products and services or rewards...etc provided by Sellers or any use of the Service unless such damages or losses arise solely as a direct result of the gross negligence, willful misconduct or fraud on the part of the Company. All dealings are solely between Users, and absolutely not between the Company and a Seller, and absolutely not between the Company and a Buyer. The Company is under no obligation to become involved in disputes between any Users, or between Users and any third party. Such disputes include, but is not limited to, disputes over delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. The Company does not oversee the performance or punctuality of promises. The Company does not endorse or support any User Submissions – nothing that the Company does or says or omits to do or omits to say should be interpreted as any kind of endorsement or support by the Company. You release the Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way howsoever related to such disputes and the Service. No deposit interest will be paid or credited by the Company on the backed amounts collected by the Company during the period from the collection from Buyers to the date of release to the Seller or to the Buyers (as the case may be).
If ILLUSTBUY.COM determines that any warranty made by a Seller has been breached, that any representation made by the Seller was untrue when made or deemed made, or that a bona fide claim, dispute and/or chargeback on any backed amounts (whether paid or not yet paid to the Seller, if any) has arisen or exists between Sellers and Buyers in relation with the Service, ILLUSTBUY.COM has the right to claim from and/or refuse to pay the Seller any promised amounts (whether paid or not yet paid to the Seller, if any). ILLUSTBUY.COM’s good faith determination made under this paragraph shall be final and binding. Sellers agree not to claim or sue or make any collection thereon.
As a result of any claim, dispute and/or chargeback on any promised amounts (whether paid or not yet paid to the Seller, if any), Sellers agree to defend ILLUSTBUY.COM and MOESIA CO. LIMITED against all claims and to indemnify in full and hold the Company harmless from all costs, losses and liability (including legal fees and expenses) resulting from such claim, dispute and/or chargeback.
The Company is under no obligation to become involved in disputes between any Users, or between Users and any third party. You release the Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way howsoever related to such disputes and the Service.
Buyers may not cancel the transaction after confirmed.
If there is significant delay in the promised delivery of products or services or other rewards, or if the Seller for any reason cannot or will not fulfill the promised delivery of products or services or other rewards, or if the delivered product or service or other reward does not correlate with what was described, the Seller agrees to make full refund promptly to the Buyer.
You agree and accept that if there are foreign exchange conversions involved in either the buying procedure or the refund, your refund might be reduced due to this reason. Or if there were bank or other remittance-related charges involved (e.g., bank fees in transferring funds or bank fees in accepting cash deposits or bank fees in cashing a cheque, etc.), then your refund also might be reduced due to this reason.
You may not use ILLUSTBUY.COM for selling (or for advance payment to sell) products or services or for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) illegal drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card or similar kinds of financial instrument, (d) are by payment processors to collect payments on behalf of merchants, (e) are associated with the following money service business activities: the sale of traveller's cheques or money orders, currency exchanges or cheque cashing, or (f) provide certain credit repair or debt settlement services; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that illegally facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and illegal sweepstakes unless the operator has obtained prior approval from ILLUSTBUY.COM and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. This list is, at the sake of being boringly repetitive, merely a list of some examples, and is not exhaustive – ILLUSTBUY.COM retains absolute discretion to prohibit any project or any kind of project, without needing to give any reason for its decision. If you submit a work to ILLUSTBUY.COM, you are deemed to have agreed to our absolute discretion in this manner.
ILLUSTBUY.COM reserves the right to reject, cancel, interrupt, remove, or suspend a campaign or transaction at any time and for any reason whatsoever, in ILLUSTBUY.COM's sole and absolute discretion. The Company is absolutely and unequivocally not liable for any damages or loss whatsoever, whether direct or indirect or consequential or otherwise, whether tangible or intangible, whether reputational or otherwise, as a result of or in any way related to, any of those actions. The Company’s policy is not to comment on the reasons for any of those actions, but even if the Company is deemed to have commented on the reasons for any particular action, that comment absolutely does not change the fact that its policy is not to comment, and therefore it does not mean that the Company will then comment on other actions in the future.
Fees and Payments
Joining ILLUSTBUY.COM is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
Payment made by Buyers are collected by payment processing company or credit card
company or bank or other payment processing service provider. MOESIA CO. LIMITED and ILLUSTBUY.COM are not responsible for the performance of such payment services.
Users agree and accept that ILLUSTBUY.COM, at its sole discretion, may decide from time to time to arrange refunds to Buyers of a project, without prior notice to/consent from Users, in cases including but not limited to: -
(i) project appears to contradict with the Company’s fundamental philosophy, or violates the Company’s House Rules or the “Prohibited Projects” section above;
(ii) ILLUSTBUY.COM is in doubt as to the Seller’s ability to implement the promise successfully;
(iii) the Seller decides in his or her own accord to terminate the promise prior to receiving the collected amounts from ILLUSTBUY.COM ; or
(iv) any circumstances that ILLUSTBUY.COM deems inappropriate or in doubt to release the paid amounts to the Seller following the final review.
The Company shall not be liable or responsible for any loss or damage incurred or suffered by Users, and Users agree and accept that they shall have no claim against the Company, as a result of or in relation to the Company refunding Buyers the paid amounts from under this “Refunds” section.
The Service may permit you to link to other websites or resources on the internet, and other
websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, security or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third party website or resource.
Content and License
You agree that the Service contains Content provided by the Company and its partners and
Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, noncommercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Intellectual Property of Users
By submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service, whether for ILLUSTBUY.COM, or on your behalf, or on behalf of its other Users and itself. You therefore agree to grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):
(i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with
(a) the Service,
(b) the Company's (and its successors' and assigns') businesses,
(c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
(ii) take whatever other action is required to perform and market the Service;
(iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
(iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service.
The foregoing license that is granted to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licences to your User Submissions.
You are publishing your User Submission, and you may be identified publicly by your name or User ID or other information in association with your User Submission.
You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ILLUSTBUY.COM all of the license rights granted herein.
You confirm that the use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
The Company will not be liable for any errors or omissions in any Content.
The Company cannot and does not guarantee the identity of any other Users with whom you may interact while using the Service.
All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
Subject to availability, ILLUSTBUY.COM may (but not obliged to) provide Sellers with marketing materials associated to the Site. Sellers may contact the Company for application of using such.
ILLUSTBUY.COM has adopted a policy of, in appropriate circumstances, terminating User accounts that are infringers of the intellectual property rights of others. ILLUSTBUY.COM also may terminate a User account even it is based on a single infringement. If ILLUSTBUY.COM does not terminate a User's account after it becomes aware of an infringement, it does not in any way mean that ILLUSTBUY.COM has waived its right to do so at any time afterwards.
ILLUSTBUY.COM will remove infringing materials if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify ILLUSTBUY.COM in writing. Your notice must contain at least the following information (please confirm these requirements with your lawyer):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, sufficient for ILLUSTBUY.COM to locate the material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or mis-identification, please notify ILLUSTBUY.COM in writing. Your counter-notice must contain the following information (please confirm these requirements with your lawyer):
a physical or electronic signature of the user of the Services;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material; and
your name, address, telephone number, and a statement that you consent to the jurisdiction of all courts that are located at your address, and that you will accept service of process from the person who provided notification or from an agent of such person.
Any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or mis-identification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Notice of alleged copyright infringement should be sent to us at email@example.com
The Company may terminate your access to the Service, without cause or notice, which may
The Company has no special relationship with or fiduciary duty to you or any User whatsoever. You acknowledge that the Company has no duty to take any action regarding any of the following:
which Users gain access to the Site;
what Content Users access through the Site;
what effects the Content may have on Users;
how Users may interpret or use the Content; or
what actions Users may take as a result of having been exposed to the Content.
The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and services. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:
(i) cancel, reject, interrupt, remove, or suspend a campaign;
(i) (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and
(ii) (iii) remove or block any User or User Submission.
ILLUSTBUY.COM reserves the right not to comment on the reasons for any of these actions. The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and Sellers do not warrant that:
(a) the Service will be secure or available at any particular time or location;
(b) any defects or errors will be corrected;
(c) any content or software available at or through the Service is free of viruses or other harmful components; or
(i) (d) the results of using the Service will meet your requirements.
Your use of the Service is solely at your own risk. Some states or countries do
not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Company makes no guaranty of confidentiality or privacy of any communication or
information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
In no event shall the Company, nor its shareholders, directors, employees, agents, partners,
suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service
(i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising),
(ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or
(iii) for any direct damages.
Accessing the Service is prohibited from territories where the Content is illegal. If you access
the Service from other locations, you do so at your own initiative and are responsible for
compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from ILLUSTBUY.COM and MOESIA CO. LIMITED all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. ILLUSTBUY.COM may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
Integration and Severability
Updated 1 December 2015