Terms and Conditions
Introduction
Charmaine(“us”, “we”, or “our”) operates the https://www.charmainebailey.co.uk website, blog and The Thriving Illustrator membership("services").
In order to use our website, you must be at least 13 years of age or of the legal age of majority in your jurisdiction and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Contact
After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at hello@charmainebailey.co.uk.
Social Media
You are welcome to share your own original work on any social media platform and do not need to credit Charmaine for use of photos and digital assets available here - but it is appreciated and we may have affiliate links available in the future.
Tag @artofcharmaine on Instagram, Facebook, Twitter, Pinterest, or YouTube if you would like us to see your work!
AI Use
You do not have permission to use any artwork, photography, or videos, in part or whole, that is copyrighted to Charmaine to train AI or create AI-generated work without handwritten consent from us.
Purchasing Our Products and Services
When purchasing an item, you agree that: (i) you are responsible for reading the full product/service listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our products and services are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur.
Digital Content
Digital content refers to files that are available digitally such as colouring pages, digital prints, pattern designs, website elements, photos, downloadable content from courses and workshops etc.
All designs and illustrations sold by Charmaine and any/all of our associated brands(listed at the bottom) are copyrighted to Charmaine Bailey. The work offered is for personal use only unless stated otherwise.
You do not have permission to share, re-sell, or store files online on publicly available sites. Please do not sell any of the creations you create from the tutorials on this site; you can keep them or give them as gifts.
If you wish to sell the creations you have made using the tutorials, art and illustration processes and, how-tos, please purchase the relevant license for the respective design. You can read more about the available licenses here.
For photo references, see below as these are a different case.
Due to the nature of digital products, you are agreeing to waive your 14-day cooling-off period the moment you download the product. If you have not downloaded your digital product within 14 days of purchase, you can request a refund. After that time you cannot get a refund.
All digital files are available 30 days after purchase to download. Please contact us if you have any issues.
Photography and Video
This section of the terms and conditions sets out the rules for using photography and video by Charmaine on both the website here and social media.
Social Media
All photography and video that belongs to Charmaine are made usable as references for your work but not for commercial use, photo manipulation or AI-generated works using the photography and video shared to the following accounts:
Nature’s Bliss Photography
Art of Charmaine
Dragonfire Studio
Credit is not necessary but is appreciated. If you do feel you would like to donate to us for use of our media, you can do so over at Ko-Fi.
Courses and Workshops
For some of our courses and workshops, we offer photo references as part of your purchase. This does not mean you own the copyright to the photo but you can sell your original work created while using them as a reference to your work.
You can:
Copy part or all of the photo in your original artwork;
Trace in part or all of the photo;
Sell as many copies of your own original artwork produced from using the photo as a reference, including digital paintings;
You cannot:
Copy or sell the file itself;
Sell the photo or upload it to a publicly available site;
Use the photos for photo manipulation;
We do not currently offer licenses to use our photography beyond as a reference for art and illustration, however, if you are interested in other license types, get in touch using the contact information above to register your interest.
Intellectual Rights
Services and products offered on this site are subject to copyright law, therefore, all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Charmaine Bailey.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Not including products specifically made for redistribution which will be stated in the description of said products.
Indemnification
You agree to indemnify and hold Charmaine harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall C Bailey, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, C Bailey assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Online Courses and Workshops
If you are not satisfied with your purchase of a digital course from this site, you have 14 days to request a refund.
Please contact us through the contact information above showing us what you have completed from the course and the issues you may be experiencing.
Online Membership
Due to the nature of the membership being all digital content, you are waiving your 14-day cooling-off period the moment you download any content from the membership.
If, however, you have not downloaded any content from the membership, you have 14 days from the purchase date to request a refund. We will check the request to see if you are eligible for a refund.
Members
All users who become members of this site will have a public profile that is publicly visible to site visitors and other members. All public activity conducted by members of the site(such as comments or likes by that member) will also be visible to other members and visitors of the website.
Members can always opt out and leave the member community on this site, and upon doing so, their profile will not be visible. In such an event, the member will not be able to use the community features(e.g. Liking and commenting).
Account Suspension or Cancelation
We may permanently or temporarily terminate or suspend your access to our services without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms or any applicable law or regulations.
You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Changes to Terms and Conditions
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms.
Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Rights to Change
We may, without prior notice, change the services and/or products; stop providing the services/products or any features of the services/products we offer; or create limits for the services or products.
We may permanently or temporarily terminate or suspend access to the services/products without notice and liability for any reason, or for no reason.
Law and Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the United Kingdom.
Questions and Your Information
If you have any questions about our terms and conditions, please contact us through the contact information above.
Last updated: 24.03.2023