TERMS & CONDITIONS
By placing an order with Lizard Ink Studio, all clients must agree to the following terms and conditions:
-
MAPS
-
DESCRIPTION OF DELIVERABLES
-
Upon completion and approval of the map, the designer will deliver 1 JPEG to the client of the final map design, at 300 DPI, in the color format and size according to the client's brief and paid order.
-
A layered file of the map will not be provided to the client in any format unless arranged for and at an additional fee of 50% the total commission price
-
-
MAP DESIGN PROCESS
-
After agreeing to these terms & condition and paying 50% of the order fee, the client must submit to the designer the following:
-
a sketch of the world to be illustrated
-
a written description of the world
-
final print specifications including: trim, bleed, and gutter. A template may be provided if applicable.
-
-
The above materials must be provided to the designer at least SIX WEEKS prior to the final deadline for the map's delivery, unless specified by designer, or the designer has the right to adjust the deadline according to the number of days the materials are late in delivery.
-
After receiving the materials, the designer will illustrate and submit to the client a sketch for approval. The client has the right to FIVE revision rounds, unless otherwise arranged with designer. Designer has the sole discretion to add additional revision rounds, but is not obligated to do so. Additional fees may apply.
-
One revision round = one email communication detailing requested revisions to a design, followed by designer presenting a draft with changes made.
-
If the map differs greatly from the original package purchased (for example, if map requires a high amount of buildings to be drawn, shifting it from a world map to a city map), an additional fee may be charged.
-
If the client decides to add additional illustrative elements such as an upgraded border or iconography, or to upgrade from black and white to color after work has begun, the designer has the right to adjust the delivery date and charge additional fees accordingly.
-
If client wishes to downgrade their package, a refund will not be given but the appropriate amount may be deducted from the final remainder of the fee ONLY if the elements the client wishes to downgrade have not already been implemented by the designer.
-
The client may not request significant revisions to any previous round of work. Once the sketch has been approved, the world may not be redrawn. One line art has been approved, it may not be redrawn. Significant changes to any work already approved will result in additional fees and possible delayed delivery.
-
Up unto delivery of the final map, spelling errors or omissions made by the designer will be revised at no additional cost and with no impact upon the client's allotted revision rounds. AFTER delivery of the final, approved map, spelling errors and omissions are the client's responsibility and changes will incur additional fees.
-
-
LICENSE, CREDIT, & LIMITATIONS
-
Designer grants to Client upon final delivery of the Work a non-exclusive, paid-up, royalty-free license to include the Work in commercial print book and ebook publication.
-
Client hereby grants to Designer a non-exclusive, fully-paid, irrevocable, royalty-free license to use the Work for promotional, commercial and internal purposes.
-
Client may publish the map in any edition of their book within the United States, Canada, the UK, Australia, and New Zealand. Translations into other languages than English MUST be arranged with designer for an additional fee.
-
Foreign translation rights for the map will be 75% of the total commission price including add-ons, per translation.
-
The client may distribute posters and prints of the map for free, but may NOT sell posters or prints of the map unless they first receive written permission from the designer and have paid for a Resale License.
-
A Resale License will be 100% of the total commission price including add-ons.
-
Upon delivery of the map, Designer retains copyright to the map and all rights not explicitly stated in Section 2.3.1 of these Terms & Conditions.
-
If requested by the Client, the Designer may sell the full copyright of the map for 200% of the total commission fee including add-ons.
-
The Designer retains the right to include their name on the map with the copyright symbol, at no smaller than 8pt font, in a manner such that is it visible, unless Client pays for the full copyright of the map.
-
The Client MUST include the following credit in the front matter of every edition of their book(s) in which the map appears: "MAP COPYRIGHT [DESIGNER'S NAME] [YEAR]" unless full copyright has been purchased by the client.
-
If full copyright is purchased, Client MUST include the following in the front matter of every edition of their book(s) in which the map appears: "MAP DESIGN BY [DESIGNER'S NAME}."
-
If Client is publishing a SERIES of books, the map may be reprinted in each book of that series and its spinoffs at no additional fee within the allotted territories/languages.
-
-
RESPONSIBILITY FOR PRINTING
-
Designer is NOT responsible for the printing of maps. We deliver DIGITAL products only.
-
Client is responsible to order prints and to format the map within their book's interior.
-
Designer is NOT responsible for any losses, errors, or delays caused by printing of the map, regardless of the nature of the error. One the final design has been approved, all responsibility for such errors or losses pass to the client.
-
-
CONFIDENTIALITY
-
All information the designer and LIZARD INK STUDIO receives from the client will be held confidential and not shared with any third partied unless directed in writing by the client.
-
-
CANCELLATION
-
Cancellation of the map by the CLIENT, for any reason, results in the forfeiture of any deposit paid.
-
If client cancels the map after the final delivery and after the final remainder of the fee has been paid, no amount may be refunded.
-
If the DESIGNER cancels the map for any reason, a full refund of any moneys pays will be made to the client, to the same form of payment from which it was received.
-
If the CLIENT cancels their map, they must and shall destroy ALL files, be they sketches, concepts, drafts, or final maps, delivered to them by the designer.
-
If the CLIENT cancels their order, the designer may reuse any and all files related to the project as they choose. The client holds no claim over any materials the designer has presented to them.
-
-
FORCE MAJEURE; CLIENT DELAYS
-
The designer shall not incur any liability or penalty for delays in completion of the project due to actions or negligence of Client, unforeseen illness, or other events beyond the control of the Designer. If such event(s) occur, the Designer may extend the completion/delivery date by the time equivalent to the period of such delay.
-
-
RELATIONSHIP OF PARTIES
-
For all services to be provided, the parties shall be, and all be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations, or commitments of any kind, or to take any action which shall be binding on the other party, except as may be expressly provided for herein or authorized in writing.
-
-
ARTIFICIAL INTELLIGENCE (AI)/LLM CLAUSE
-
100% HUMAN-CREATED ART GUARANTEE. In creating your commission, I the Artist guarantee that NO AI-generated assets will be used to the best of my knowledge and ability. All artwork is created by hand, by me, with the exception of Fonts and some Textures, which I obtain from Adobe Stock, using their "No Generative AI" search filter to ensure the validity of exclusively human-created assets. I maintain a firm anti-AI stance in all artistic mediums and adhere to this strictly in my creative process. I also ask that you, the Client, do the same in any regards to the use of my Work, regardless of the level of licensing you purchase from me.
-
PROOF OF CREATIVE PROCESS. If you, the Client, wish to see sketches or other process materials as evidence I have not used AI in any point of the process, you may request it in writing. I will supply any materials that I have to you for your personal review purposes. These sketches or other materials MAY NOT be shared by you in any medium or format, including online. They are confidential and for the Client's private review only. Access to these materials does not grant you license to use, share, distribute, or keep these materials in any way unless such license is provided in writing by Me.
-
INTELLECTUAL PROPERTY: This Site contains intellectual property owned by Jessica Khoury, including copyrights, trademarks, and proprietary information. Jessica Khoury reserves all rights in the intellectual property contained on this Site. You may not publish, create derivative works from, or in any way exploit any of the content on the Site, in whole or in part, without the prior, express written agreement of Jessica Khoury. For avoidance of doubt, it is expressly prohibited to scrape, copy, use, or employ any of the content on this Site for the training of, or supplying of content to, any artificial intelligence program or machine learning technology of any kind, including any and all technologies capable of generating works in the same style or genre as the artist whose artworks appear on this Site.
-
NO GENERATIVE AI TRAINING USE. For avoidance of doubt, Licensor reserves the rights, and Licensee has no rights to, reproduce and/or otherwise use the Property in any manner for purposes of training artificial intelligence or machine learning technologies to generate images, including without limitation, technologies that are capable of generating images in the same style or genre as the Property. Nor does Licensee have the right to sublicense others to reproduce and/or otherwise use the Property in any manner, including for purposes of training artificial intelligence or machine learning technologies to generate images.
-
-