Terms of service
Terms of Service
1. Introduction
Welcome to Barktivist ("Company", "we", "our", "us")! As you have decided to use our website and services, these Terms of Service ("Terms", "Agreement") apply to your access and use of our services, including our website, email notifications, applications, and commerce services (the "Services" or "Products"). By using the Services, you agree to these Terms. If you do not agree, please do not use our Services.
2. Services Provided
Barktivist specializes in creating custom pet portrait artwork that can be printed on various goods such as canvases, mugs, t-shirts, and more. Our services include the creation, customization, and delivery of these products.
3. Ordering Process
3.1 Placing an Order: To place an order, you must provide a high-quality image of your pet and any specific instructions for customization.
3.2 Order Confirmation: After placing an order, you will receive an email confirmation. Please review your order details carefully.
3.3 Payment: Full payment is required at the time of placing an order. We accept major credit cards and other payment methods as specified on our website.
3.4 Processing Time: The typical processing time for custom artwork is 14 business days. Please note that during peak seasons, holidays, or periods of high demand, processing times may be extended. Any changes or delays will be clearly communicated at the time your order is placed.
4. Pricing and Payments
4.1 Pricing: All prices are listed in USD and are subject to change without notice. We are not responsible for pricing, typographical, or other errors in any offer and reserve the right to cancel any orders arising from such errors.
4.2 Payments: Payment must be made through our secure payment gateway. We do not store your payment information.
5. Shipping and Delivery
5.1 Shipping: All physical products are fulfilled and shipped through a trusted third-party production partner. As such, we do not have control over the specific shipping carriers or methods used. Orders are typically shipped using the most cost-effective method available, which may not include expedited or priority options. Estimated shipping costs are calculated at checkout based on fulfillment partner rates and the delivery address provided.
5.2 Delivery: We strive to ensure your order is delivered within the estimated timeframe, but please note that shipping times are provided as estimates only and are not guaranteed. Delays may occur due to carrier issues, holidays, or peak seasons. We will communicate any known delays as soon as we are made aware of them.
All orders are fulfilled and shipped by a trusted third-party partner, and Barktivist Boutique does not have direct control over the shipping carriers, methods, or timing used by this partner.
5.3 International Shipping: Customers are responsible for any customs fees, duties, or taxes that may apply to international shipments.
6. Returns and Refunds
6.1 Custom Products: Due to the personalized nature of our products, we do not accept returns or offer refunds unless the product is defective or damaged upon arrival.
6.2 Damaged or Defective Items: If your item arrives damaged or defective, please contact us within 48 hours of receiving your order with photos and a description of the issue. We will work with you to resolve the problem, which may include a replacement or refund.
6.3 Missing or Delayed Shipments: Because all products are custom-made-to-order, cancellations and returns are not accepted.
Once your order ships, you will receive a shipment confirmation email with a tracking number. Please allow up to 14 business days for delivery. During peak seasons or due to carrier delays, shipments may take longer.
If your tracking information does not update after 14 business days, please contact us at barktivist@gmail.com. We will do our best to assist in locating your order or may offer to remake and reship it at our discretion.
If a package is marked as delivered but is missing from your mailbox or delivery location, please check with your local post office or carrier first. Barktivist is not responsible for lost or stolen packages after delivery confirmation.
7. Intellectual Property & Licensing
7.1 Customer-Provided Photos: By submitting a photo or reference image for a custom portrait, you grant Barktivist a non-exclusive, royalty-free license to use, modify, and create derivative works from the photo solely for the purpose of creating and delivering the commissioned artwork. You affirm that you own the rights to the photo or have permission to use and share it for this purpose.
7.2 Copyright Ownership: All custom artwork, illustrations, and digital designs created by Barktivist remain the exclusive intellectual property of Barktivist and its artist(s), even after purchase. Submission of a photo or reference image does not transfer copyright or any ownership rights in the final artwork.
7.3 Personal Use License (Default): Unless otherwise agreed upon in writing, all artwork is licensed for personal use only, including:
- Sharing online (with artist credit)
- Printing for personal display or gifts
You may not reproduce, sell, distribute, or use the artwork for any commercial purposes without a commercial license.
7.4 Commercial Use License: If you intend to use the artwork for branding, merchandise, resale, advertising, or other commercial purposes, a separate commercial use license must be purchased. This license grants specific usage rights but does not transfer ownership or copyright.
7.5 Work for Hire & Copyright Transfer: All commissions are created as custom work and are not considered "works for hire" unless explicitly agreed upon in writing. If you require a full copyright transfer, the following conditions must be met:
- A separate written agreement must be signed by both parties
- Copyright transfer must be explicitly stated in that agreement
- A significantly higher fee will apply to reflect the full transfer of ownership
Without this formal agreement, all rights remain with Barktivist.
7.6 Prohibited Uses: You may not:
- Resell, mint, or distribute the artwork without proper licensing
- Modify or create derivative works without written permission
- Remove artist signatures or watermarks
- Use the artwork for hate speech, AI training datasets, NFTs, or exploitative purposes
7.7 Licensing Questions & Upgrades: Unsure if your intended use qualifies as commercial? We’re happy to clarify and offer license upgrades when needed. Please contact us at barktivist@gmail.com before using artwork outside your original license agreement.
8. Revisions Policy
We want you to be happy with your custom artwork, and we strive to incorporate your feedback into the final piece. Each commission includes up to 2 rounds of minor revisions (e.g., color adjustments, small detail tweaks) after the initial preview is provided.
Additional revisions beyond the included amount may incur an extra fee, depending on the scope of changes requested.
Major changes that require restarting the artwork (such as completely changing the pose, adding new elements not originally discussed, or redoing the piece from scratch) are not included and may require a new commission.
We reserve the right to determine what qualifies as a minor vs. major revision.
9. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy [link] to understand how we collect, use, and protect your personal information.
10. Limitation of Liability
To the fullest extent permitted by law, Barktivist shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
11. Changes to Terms of Service
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review the Terms periodically.
12. Governing Law
These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the United States/Texas, without regard to its conflict of law principles.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Barktivist
www.barktivistboutique.com
barktivist@gmail.com