Terms of service
Standard Branding & Design Terms
Updated September 21, 2024
These terms remain in effect for existing designs by Ari currently in-use by clients unless agreed otherwise in writing. Branding & design services are no longer offered.
Summary
The short version: I designed things, you get to use them, the designs remains copyrighted by me – unless we agree otherwise. I make no claims to content you provided for me to work with such as original artwork, text, images, or existing branding developed by a third party.
The following terms and conditions shall apply to all client engagements during which Ari M. Weinstein (Ari) designed, created, or directed the production of Work for the benefit of the Client (You). Work (or Works) includes text, images, and any combination of same into a finished work for commercial use. Examples include but are not limited to illustrations, logos, lettering, marketing materials, instructional material, documents, merchandise, websites and web-page components etc.
License Grant
Upon payment for services, Ari granted the Client a commercial use license for all Work(s). Client may use Work(s) for their own commercial enterprise(s) in promotions, on publications, on merchandise etc. unless otherwise agreed in writing.
Client is not required to credit or attribute Work to Ari.
Unless negotiated otherwise in a separate agreement, Ari retains a publicity right to display Work as his creation on his Websites and Social Media channels (Channels). Ari is not required to provide a link to the Client’s business or Channels, but may do so at his sole discretion.
License Limitations
All Work is copyrighted by Ari M. Weinstein, in accordance with U.S. Copyright law which grants this right to creators.
In accordance with Copyright law, clients may not resell any work by Ari as their own creation.
Work that a client wishes to own outright, for example in order to copyright themselves or for a trademark filing, requires a separate Rights Transfer Agreement in writing with terms to be negotiated by the parties.
Content including text, images and other media provided by Client for incorporation into Work is the responsibility of the Client. Ari makes no intellectual property claims to such content.
No License Grant on Ari’s Channels
Channels include all social media platforms, other websites and applications on which Ari posts his Work for display. Work published on any of Ari’s Channels is copyrighted by Ari and/or Client(s) and may not be copied, downloaded, transmitted or reproduced by any means without express written permission of the copyright holder(s).
Merchandise
Merchandise featuring Work may be offered for sale by you or by Ari. Ongoing sales may be subject to a separate merchandising agreement between us.
Merchandise that is available for purchase through third-party suppliers is further subject to said supplier’s terms and conditions, including warranties, if any. Ari makes every effort to use proven suppliers with a track record of manufacturing quality merchandise and of providing satisfactory customer service.
Limitation of Liability
Ari shall not be liable for any claims that arise against a client in connection with any Work or merchandise offered for sale. Client agrees to indemnify Ari for any such claims that may arise.
Warranties
ALL WORK IS PROVIDED AS-IS WITH NO WARRANTIES AS TO ITS SUITABILITY OR UTILITY FOR ANY PARTICULAR PURPOSE.