Terms of Service

This website is operated by Auslogics Labs Pty Ltd (Drawberry.com). Throughout the site, the terms “we”, “us” and “our” refer to Drawberry.com. Drawberry.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation visitors, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Summary of Drawberry.com service

Drawberry.com was created to connect users wanting to get their photographs turned into paintings, with artists willing to offer their painting services to these users for a fee. Drawberry.com is a platform where customers can submit requests for artist services and artists can maintain their profiles, portfolios and offer services to customers. As such, Drawberry.com does not legally represent either the customers or the artists and does not request or offer services on their behalf.

2. Prohibited uses

Users of the Drawberry.com service are solely responsible for the content they upload to the Drawberry.com website. By using the service you confirm that you have full legal rights to the content you upload and are authorized to use it in the way it is used.

You are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any of the prohibited uses.

3. Copyrights

You are solely responsible and liable for the images you upload. You must have the appropriate permission or the copyright to order a painting to be made from a photo. The copyright owner of a photograph is typically the only person that can make a "derivative work", such as an oil painting from that photograph.

Copyright is created at the moment the photograph is taken and lasts the life time of the photographer plus 70 years. You understand that if you have purchased a photo from a photographer this does not automatically give you the right to have it reproduced, unless this is clearly stated in your purchase contract of the photograph.

Failure to ensure that the copyright laws are kept may result in civil or criminal penalties.

If you would like to reproduce a photo that was not taken by yourself, you must contact the photographer to ensure you have the correct permissions to order from Drawberry.com.

4. Third-party tools and links

We may provide you with access to third-party tools or links to third-party sites over which we have no control.

You acknowledge and agree that we provide access to such tools or links ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools or links.

Any use by you of third-party tools offered through the site or of third-party sites links to which are available on our site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s) or on which third-party sites operate.

We may also, in the future, offer new services and/or features through the website (including, the addition of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

5. Warranties

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable or will not disappoint you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

6. Refund policy

All orders submitted on Drawberry.com are subject to this refund policy. A customer pays for each order in two steps, which include a 20% deposit when accepting an artist’s bid and the balance when accepting the final artwork, a photo of which is submitted by the artist online. The 20% deposit is non-refundable except for situations when the artist does not produce any result at all or when the result produced is found by Drawberry.com moderators to grossly violate order requirements. An example of such violation may be a painting done in ink when the order required oil, etc.

Since the balance payment is made only when the painting is complete and the customer has confirmed that it meets their expectations, this payment may be refunded only when the order does not get delivered due to the artist/shipper’s fault as determined by Drawberry.com’s moderators. These situations may include a package never shipped by the artist or a package shipped to an incorrect address that’s different from the correct address provided by the customer, if this package does not eventually get delivered to the customer within 45 days from the date of initial mailing.

If a customer wants to be able to receive refund for a package that gets lost by the shipping carrier, they are recommended to ask the artist to add insurance to the shipping fees prior to mailing. That way if the carrier loses the package or it gets damaged or destroyed in shipping, the customer is compensated by the insurance company. No refund will be issued by Drawberry.com in such situations. We strongly recommend purchasing insurance for painting shipments.

7. Limitation of liability

In no case shall Drawberry.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend and hold harmless Drawberry.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

9. Personal information

Your submission of any personal information to the Drawberry.com Service is governed by our Privacy Policy. If you provide any personal information directly to the artists or customers you deal with using the Drawberry.com Service, you agree that sharing information in this way falls under your sole responsibility and may not be protected, secured or guaranteed by Drawberry.com.

10. Changes to these Terms

Drawberry.com reserves the right to change, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes in the Terms of Service will be effective when posted. You agree to review these Terms periodically to stay up to date on any changes. Your continued use of this website after any changes to these Terms of Service are considered acceptance of those changes.

11. Contacts

If you have any questions regarding these Terms or any other legal document on Drawberry.com, please contact info@drawberry.com