Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE ARTISTS' (RED THREAD, ELYSE BOJORQUEZ) WEBSITE AND SERVICES, YOU HERBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPERATED HERIN BY PREFRENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PERSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSIVELY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE ARTISTS' SITES OR THE ARTISTS' SERVICES.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with the Artists' clients and visitors which may interact or interface with Elyse Bojorquez, also known as the Artist, located in Pearl City, Hawaii, in association with the use of the Artists' website, redthreadartistry.com (the "Site") and its Services, which shall be defined below.   

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website operated by Red Thread, Elyse Bojorquez. These Terms set forth the terms and conditions under which you may use the Artists' website and services provided by the Artist.   

This website is the official website of Red Thread, Elyse Bojorquez featuring acrylic paintings on canvas, ink pen drawings, mixed media, upcycled fabric and other creative things. All artworks and handmade items listed in the Fabric Products on the website, redthreadartistry.com, are available for visitors and/or clients to purchase online. By using or accessing the website services or online purchase, you approve that you have read and agree to be bound by these Terms.

The Artist Red Thread (Elyse Bojorquez ) is registered in Honolulu County.

Any and all visitors to the Artists' site shall be deemed as "users" of the herein contained Services provided for TOS. 

COPYRIGHT AND OWNERSHIP OF CONTENT

Content and images published on this site such as images (both pictures/photos as well as artworks), graphics, text, logos, video and written content is the property of Red Thread, Elyse Bojorquez and is protected by United States Copyright Laws. The entire collection of artworks and content on this website, redthreadartistry.com, is the exclusive property of Red Thread, Elyse Bojorquez along with the copyright authorship for this compilation by Elyse Bojorquez.

COLOR OF ARTWORKS

You understand and agree that the Artist has made reasonable efforts in order to display the colors of the original artworks accurately on this website. Each individual monitor, cell phone, tablet or other device may display colors differently. Red Thread, Elyse Bojorquez is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints, there may be color differences between the original artwork and the fine art print. The Artist does her best to match colors accurately, but color differiances within art prints verses original artwork may exist.

MODIFICATIONS

Elyse Bojorquez shall reserve the right at any time that may deem fit to modify, alter, increase and/or decrease prices, change shipping and handling rates, update services, change of tax rates and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, the Artist shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the Artists' services or any part thereof.

INTERSTATE COMMUNICATION

Upon purchase of Services and/or Products, you herby acknowledge that by using redthreadartistry.com to send electronic communications, which include, but are not limited to, email, searches, and instant message, contact form, you will be causing communications to be sent through the Artists' computer network. You also agree that all notices, disclosures, agreements and other communications sent electronically meet legal requirements that such communications be in writing. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

APPLICABLE LAW

By visiting this website, you agree to all the laws of [your location] without regard to principles of conflict laws, shall govern these terms of service, or any sort that may come between you and Red Thread, Elyse Bojorquez.

INDEMNIFICATION

You agree to indemnify and hold the website owner, Elyse Bojorquez, from any demands, loss, claims or expenses (including attorney's fees), made against them by any third party due to or arising from, or in connection with your use of the website or any services offered through the website. 

PURCHASING POLICY

On completion of your online purchase, you will receive a confirmation email from Squarespace. Elyse Bojorquez will make reasonable efforts to package the artwork and ship it within seven (7) business days. Time frame may depend on seasonal/holiday, or for unforeseeable reasons such as sickness, weather conditions or acts of God. If Elyse Bojorquez is unable to ship the artwork in a timely manner, she will contact the buyer via phone call, email or text. Visit the Artists' Shipping and Handling page for more detailed information about her shipping and handling policies which includes damaged artwork upon shipment, as well as shipping and handling estimated pricing. 

PAYMENTS

Payments can be made through Paypal, Stripe, or Square a third party payment processor. Processing payments through PayPal, Stripe, and Square is subject to third parties' Terms of Service and Privacy Policy. You agree to pay the Artist, Elyse Bojorquez through PayPal, Stripe, or Square the full amount as charged.                                                                                               

STATE GOVERNING LAW

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Hawaii. You agree and acknowledge that any action to enforce these Terms and Conditions will be brought solely to the State and Federal Courts located in Honolulu, Hawaii.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding the Terms of Service Agreement, Privacy Policy, or Copyright Policy related to the Artists' website, redthreadartistry.com, please feel free to contact the Artist.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. Red Thread, Elyse Bojorquez makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Red Thread, Elyse Bojorquez does not warrant that:

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. 

The Artist recommendations are always to use conservation glass at 99% UV protection and acid free materials to extend the life of your art piece. Please consult local framer for ways to conserve your art.

LIMITATIONS OF LIABILITY

Red Thread, Elyse Bojorquez will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Red Thread, Elyse Bojorquez has been expressly advised of the potential loss.

COMMISSIONS 

Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.

Commission Agreement: The discussion, documented via email (or where email is not available, via U.S. Postal Service), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years. Ultimately, the Commission Agreement will usually conclude with:

“This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed the by Artist.”

Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).

Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as redthreadartistry.com, Facebook and Instagram albums, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.

Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.

Public Space: Offline locations that do not fall under “Personal Space” above.

Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.

Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.

Terms for Commissions

1. The Artist has the right to refuse any Commission request, without needing to explain the reason.

2 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

3. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.

4. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law ( http://copyright.gov/title17/ ).

5. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

7. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

8. If the Commission is time-sensitive,  a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

9. If the Commission is defined as confidential  in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.

10. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

10a. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

11. The Client may display the Commission in Profiles as long as the Artist’s name (“Elyse Bojorquez, Red Thread”) is prominently displayed along with a link to redthreadartistry.com. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Profile displays cannot breach Term 10, Term 10a, or Term 14.

11a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

11b. Under no circumstances may the Client submit a Commission to any kind of contest.

12. Digital art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.

13. The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. Three additional options are available: 1) The Client can order print(s) via the Artist’s print shop, and pay to have it shipped directly to the Client’s location – these prints will not be part of a limited edition (numbered) run, or physically signed by the Artist; the Client is responsible for all shipment costs. 2) The Client can request the Artist to order a print via the Artist’s print shop, and  have it shipped directly to the Artist – these prints will become part of a limited edition (numbered) run, and  physically signed by the Artist; the Client is responsible for all shipment costs, including shipment from Artist to Client after the print is numbered and signed. 3) The Client may use the digital (.jpeg) file for local printing, so long as it does not breach Term 11, Term 11a, Term 11b, or Term 16, and the Client obtains written permission from the Artist prior to printing.

14. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.

15. The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.

16. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.

17. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.

18. The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should their exist a violation in addition to a breach of these Terms of Service.

Required Client Information

  • Email Address: The Client is encouraged to contact the Artist via email (elyse@redthreadartistry.com) or contact form to query a Commission.

  • Phone Number (Optional): The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service.

  • Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, Zoom, Facebook Messenger, etc.) to discuss a project before signing a Commission Agreement, by initially using the contact form on this website. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.

  • Physical Address: The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print.

  • Age: If the Client is under 18, the Client must supply contact information for a parent or guardian. The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.

  • Specifications for Commission: Please refer to Term 3, Term 4, Term 6, Term 7, Term 8, and Term 9 for guidance.

Payment

  • Payment: The Artist requires all payment up front before Start of Work, unless otherwise agreed upon in the Commission Agreement.

  • Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.

  • Method: The Artist’s payment method is flexible to PayPal, Stripe, and Square/

    • For Clients with PayPal: An email will be provided to a direct PayPal transfer to the Artist.

    • Additional payment methods can be made available to the Client upon request.

  • Cancellation: Please refer to Term 17 for refund policy.

PRIVACY POLICY

Every users data and other personal information are strictly protected by Red Thread's Online Privacy Policy. As a user, you herein consent to the collection and use of the information provided, including transfer of information within the United States and/or other countries for storage, processing or the use by Red Thread, Elyse Bojorquez.

THIRD PARTY SERVICES

This website uses third party services and applications that make their services available on this site. When you access third party applications or services or applications, you are bound by the terms and policies of the third party.