Last updated: (June 20, 2018)
This page describes the terms and conditions that govern your (the “Artist”) relationship with the Hidden Gems (“us”, “we”, or “our”) website, https://www.hiddengemsbooks.com (the “Site”), and provided to an author or publisher (the “Client”).
Access to the Client base and associated Site services is conditional upon your acceptance of and compliance with the following terms.
1. General Rules
1.1 We may change, add or remove portions of these Terms of Service at any time, with or without notice, which shall become effective immediately upon posting to this page. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to abide by any changes.
1.2 You may not attempt to access or use the Site or the Services to take any action that could harm us or any third party. You may not access parts of the Site or the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Site.
1.3 We may change, suspend or discontinue any aspect of the Site or the Services at any time.
2. Becoming a Hidden Gems Cover Artist
2.1 If you wish to become a trusted Artist, please make contact with us via email at contact@hiddengemsbooks.com.
2.2 We reserve the right to refuse access to any potential Artist for any reason, including portfolio review, Client feedback, or Artist reputation.
3. Service Expectations
3.1 You agree that Hidden Gems will serve as intermediary between all Artists and Clients, but Artists and Clients will be able to communicate via a Hidden Gems email address provided to the Artist (and which can be accessed at any time by Hidden Gems administrators). At no time can a direct billing or contractual relationship between Artist and Client be initiated without our express, written permission. Failure to comply will cause access to the Site to be permanently revoked for both Artist and Client.
3.2 You are solely responsible for the content of your submissions, including (but not limited to) ensuring that any stock photographs or fonts are properly licensed for commercial use.
3.3 You are responsible for the number of level of services you provide, but we can provide recommendations if needed.
3.4 You are expected to deliver ordered items in the timeframe agreed to by the client.
3.5 You agree to maintain a high level of professionalism, courtesy, and customer satisfaction in keeping with the Hidden Gems brand.
4. Deliverables
4.1 You will be able to offer any items and add-on items you wish, as long as you are able to deliver those items in the timeframe negotiated with the client.
4.2 A list of any items or add-on items listed for sale must be provided to Hidden Gems for the purposes of creating an Artist portfolio/order page and to ensure proper invoicing to clients.
5. Receivables
5.1 You will be responsible for setting your own fee structure, but we are available for recommendations if needed.
5.2 Hidden Gems will be granted a portion of the total fee charged by each Artist. You will be responsible for communicating a full accounting of services provided to Hidden Gems so we can properly bill the Client.
5.3 Payments will be made to the Artist at the conclusion of the job (Client has paid and received all promised deliverables).
5.4 All payments will be disbursed via PayPal. No exceptions.
5.5 Artist is responsible for any fees charged to them by PayPal and applicable taxes in their home jurisdiction.
6. Licensing and Copyright
6.1 You agree to provide (and properly license) stock art and fonts unless otherwise agreed-upon in writing.
6.2 You agree to read and be bound by the licenses of any resources (including, but not limited to, stock photos, vector art, and fonts).
6.3 You agree to hold copyright to all covers and other delivered art unless copyright transfer is negotiated with a Client (note that this would come at increased cost, which will need to be communicated to Hidden Gems to ensure proper billing). Copyright transfer is not available when designer has supplied stock art and fonts.
7. Disclaimer and Limitation of Liability
7.1 The materials on this web site are provided “as is” and without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.
7.2 We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the web site will operate uninterrupted or error free, that defects will be corrected or that this web site or the hosting server is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials on this web site in terms of accuracy, reliability or fitness for any particular purpose. You assume the entire cost of all necessary servicing, repair or correction.
7.3 Under no circumstances, shall we be liable for any damages, direct or indirect, special or consequential, that result from the use of, misuse of, or the inability to use our web site, any materials contained thereon, or any Services used.
7.4 We make no guarantee, implied or explicit, that becoming a service provider will lead to an increase in sales or visibility of an artist’s portfolio. You agree that Hidden Gems is not liable for any damages, whether perceived or actual, that occur as a result of using our Services or being a service provider.
8. Miscellaneous
8.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without giving effect to any principles of conflicts of law.
8.2 In the event that any of these terms are found to be unenforceable or invalid by a court of competent jurisdiction, such invalid or unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any other term or condition herein.
8.3 For questions, please email us at covers@hiddengemsbooks.com.