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Figurines & Things
Mini-Prints
Original Art
Prints-Limited Ed Series
Prints-Limited Edition
Prints-Open Edition
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Amy Brown Fantasy Art is a very small home based business. Thanks you for visiting and making what we do worthwhile - your support can't be overstated! Though we strive to make our site user friendly and a pleasant place to visit, view art, and shop, please keep in mind that we are only human (those irritable worker gnomes deserted us). Technical devices can fail, we or our children occasionally become ill, and sometimes we get a day behind dealing with the volume of email or orders. Unlike the Internet's "open" hours, we can't work 24 hours a day seven days a week, but we do strive to process orders as quickly as humanly possible, and are here to help you with any issues that may arise. That said, please see below for the following:
FAQs
Contact Us
Purchasing / Shipping Info
Misc Info
Legal Terms of Use
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Usage / Copyright
What is your Usage Policy for images on this site?
Simply stated, Amy's art on this site cannot be modified or reproduced in any way. An image may only be removed and displayed in a personal gallery outside this site if it remains unaltered in any way, including all credit and url information that is currently present on the image, and if it is in a non-commercial environment. As well, please state that the images may not be removed from your site. A maximum of 20 images may be placed on fan-type sites only.
Permission will *not* be given for stationery, invitations, signatures, tags, banners, web sets, psp tubes, skins, or any of the other hundreds of ways the art might be used. Each image may only be displayed just like it is now shown in the galleries on this site - in its complete and unedited form. When images are posted on-line without copyright information it can cause a great deal of trouble. If other people see that image with no copyright information included they unfortunately might assume they are free to use the image for any purpose they wish, for instance putting it on T-shirts and selling them, while not realizing that they are illegally using a copyrighted image. Please help us avoid the spread of this type of problem by respecting Amy’s copyrights and following the usage policy guidelines. In some cases permission may have been given long ago to someone to use images for certain things but those allowances have expired if that
type of use now violates the current usage policy.
Update 2/21/2007: Amy has licensed some of her art to be legally sold as tubes. Website: Creative Image Licensing & Management
All images found at this site are ultimately © Amy Brown Fantasy Art, regardless of usage.
True gluttons for punishment can feel free to read the TERMS OF USE policy below for full details.
Sorry, no. All of Amy's images or items using Amy's images are sold in a specific form. Modifying and reselling them in another form is not legal. The term for this is "derivative works right" or "modification right". Only the artist has the right to modify the creation. This no-modification also applies to the purchase of an original work; the artist still retains full ownership over reproduction, etc. An item may legally be resold if in its original, non-modified form. This law protects the artist's ability to present his/her art as they intend, commercially or non-commercially.
Just a few real-life examples: A calendar cannot be cut apart and sold separately as prints; prints can't be re-purposed as illustrations for a kids book; stickers can't be used to create your own line of custom Amy Brown coffee mugs, etc, etc, etc (thanks to ebay such examples could go on for pages). The above examples are against modification right and are not legal to produce, and especially, sell. The calendar can be only resold as a calendar, prints as prints and stickers as stickers. Each item as they were originally intended.
What if I See Misuse of Amy's Art?
If you see the misuse of Amy's art anywhere (illegal commercial usage, usage against the usage policy, etc.) feel free to let us know via the contact form (bottom of page). If you wish to help us out feel free to let them know they are in violation of Amy's usage policy, or even worse, most likely breaking the law (it's tough for us to keep up with all the reports we get). We've found that most people in violation aren't doing so maliciously, they're just not aware of the law / policy.
Can you tell me more about Copyrighting?
Can I use Amy’s images to illustrate a book?
Please have your book publisher contact us directly.
Amy isn't extending usage of her art for business logos for the foreseeable future. Since her art is used in other various commercial arenas, lots of legal entanglements can arise in such cases where a piece of her art may also become identifiable with a single business's identity. Please do not create business letterhead, stationery, or signs using the images.
Can I use Amy’s images or information about Amy for a school project?
Amy's images can be used for school projects as long as credit is present showing Amy Brown as the original artist and it is noted that any images used are copyrighted by Amy Brown Fantasy Art ®
Can I use one of Amy’s images to make a gift for someone?
An image may be used for this type of purpose as long as it is a one time thing created only with the intention of being given as a gift, never to be sold, and copyright is present to show Amy Brown as the artist of the image (© Amy Brown located somewhere on or near the image).
Can I have one of Amy’s images painted on my car / motorcycle / wall / etc?
As in all circumstances involving the use of copyrighted works, written permission must be obtained by the copyright holder. If permission is given and terms are discussed and met, an image may be used for this type of purpose as long as it is a one time thing, never to be sold for profit, copyright is present to show Amy Brown as the artist of the image (© Amy Brown located somewhere on or near the image), and the image is not being used in association with any type of business advertising. If you have one of Amy's images painted on your car, motorcycle, wall, birthday cake, etc. please remind the artist who re-creates the art, that the image is copyrighted and may not again be offered beyond your use (they aren't to retain the stencil they've created and offer it again).
Can I get a Tattoo of one of your images?
A lot of inquiries about tattoos have been sent in. Amy allows the use of her images for personal tattoos; however she does not provide stencils for their creation. This is usually done by the tattoo artist. You may ask the tattoo artist to customize the image however you wish for your tattoo, for instance changing the colors. (This is the only time it is ok to alter an image) Tattoo artists are not allowed to offer Amy's images commercially. If you get one of Amy's images tattooed on you, please remind the tattoo artist that the image is copyrighted and may not again be offered beyond your use (they aren't to retain the stencil they've created and offer it again). If you have one of Amy's faeries tattooed on you, feel free to send a photo of it to us. Please note that submitted tattoo photos do not post to the site immediately, the tattoo photo gallery is updated as often
as the site administrator has time, so please be patient. Due to lack of time, AMY IS NOT AVAILABLE TO DESIGN PERSONAL TATTOOS AT THIS TIME.
- To view the gallery of tattoos that have been sent in, click HERE
- To send us your own Amy inspired tattoo, click HERE.
Site Information
Can I link to Your Site?
If you wish to place a link on your site back to us, first off, Thank You! Feel free to do so - no need to ask for prior permission. Amy really appreciates your support. We have created some banners for you to use if you would like.
Sorry, we do not have a guestbook at this time.
Where did that free Screen Saver go?
Thanks for taking the time to read and view Amy's site. Please feel free to download the latest free-distribution screen saver. Install instructions are included in the zip file.
- You can download the free edition Amy Brown Fantasy Art 2006 screen saver by clicking HERE. PC only. Guaranteed virus, spyware and adware free.
Please see the Privacy / Security section below.
Do you have a Mailing List?
It is possible to be notified when this site has a major update (new prints, etc). Just visit THIS page and follow instructions. We guarantee your E-mail address will only be used for site update alerts. If you are experiencing trouble during checkout or elsewhere, several items may be the cause. The most common cause of problems while operating within this site is overzealous pop-up controls, firewalls or super-restrictive browser settings. Hardware or software firewalls (like Zonealarm, etc) or proxies that restrict normal data flow between the browser and the server often cause issues when left at their default settings. This site uses "session cookies" to track shopping cart items and other functions. When interfered with, failures can occur. Also, while designed to work with all popular browsers, this site works best with the latest updated versions of these browsers.
Also, just the nature of the net is that sometimes connections get dropped or data traffic is stalled on the server or at the home user's end of the line. If all of the above aren't the cause, it may be just a case of a simple connection issue and trying again might do the trick. If nothing seems to work, see the bottom of this page for contact info. Let us know about the problem you are having. We can also send you a link to an order form that is much simpler so you can still order immediately and likely avoid the problems you are receiving. Sorry for your trouble.
Product Info
Is There a Glossary of Print Types? (laser, litho, giclee)
Laser Prints: Laser prints are produced in-shop by Amy and her assistant. They are printed on acid free 80# cover stock. They hold up well over time and are fade resistant. However, NEVER put any prints in direct sun light.
Litho-prints: Litho-prints are produced by professional printers through standard printing methods. We generally utilize this type of printing for large images. They are printed on heavy weight acid free paper.
Giclee Prints: Giclee prints are high-end ink jet prints on watercolor or matte papers. Amy produces these prints herself. They use archival inks and archival papers.
What is a Limited Edition Print?
An edition of identical prints, numbered sequentially and individually signed by the artist, having a stated limit to the number in the edition. The edition sizes of each art work varies dramatically. These prints form the main part of the edition, the only others being the stated number of artist's proofs and occasionally an edition of Giclee prints, Canvas Transfers, etc. Limited Edition prints cannot be printed again in the same format. This maintains the exclusivity of the limited edition and the fixed number gives the edition it's rarity and appeal.
What is an Artist Proof?
At one time the artist's proofs were given to the artist usually as payment for the signing of the edition. The artist's proofs are signed by the artist and numbered showing the quantity of artists proofs available. Because of their restricted number artist's proofs are sold at a higher price. Nowadays, as the artists are paid a signing fee, the publisher keeps a percentage of the artist's proofs for resale. It is considered, when the edition is sold out and a secondary market value is realized, an artist's proof will go up in value at a greater percentage rate than the regular limited edition. Normally the artist's proofs are sold out well before the complete edition and a secondary market value for the artist's proof will begin to increase in value well before the edition is sold out. Of course it is not guaranteed that a particular Artist Proof will go up in value apart from inflation. But it can be purchased purely for your own personal pleasure and not with a view to investment since it is also very special in the sense that the artist took extra time to inspect the piece and sign it at the bottom as "Artist Proof". This gives the buyer a sense of comfort to know that there are no flaws in the printing of this piece. Because of their restricted number, artist's proofs are sold at a higher price. Many collectors will purchase only Artist's Proof prints.
Does Amy provide a Certificate of Authenticity with items purchased from this site?
Yes, but currently only with Originals.
Are there sizes available other than what are shown?
Sorry, no - the only sizes available are what are now shown on the site.
There is an image I like on a tile or other product, but I don't see it available as a print. When will it be available for purchase as a print?
At this time, release dates have not been scheduled for many images to be sold as prints. Due to contractual obligations, future release dates will be kept secret until the actual release of the image.
Do you have a printed Catalog?
Sorry, there is no printed catalog of Amy's art. This web site is all that is available to our customers. The cost of keeping such a publication up-to-date would be too expensive an undertaking.
I saw an Amy Brown item at [blank]… Can I buy it here?
Many inquiries come in asking whether Amy Brown items seen outside this site can be purchased here, or if not, where they can be. Yes, some of these items are available on this site but not all. We only choose certain items to carry on the site, based on our ability to ship them effectively. Unfortunately we do not have a list of retail store locations or what items they carry. You can try contacting the individual company who creates the specific item you are looking for and see if they can give you any contact information for a retail store in your area that might carry that item. Please see THIS page for a run-down of licensed items and who makes them.
Purchasing
Where can I buy an older print I once saw on this or some other site?
Several images no longer featured on Amy's site can be seen on the Amy Brown Archives Site. Pieces will be added over time. Old images can sometimes still be purchased. Inquiries are handled on a case-by-case basis. Visit the Amy Brown Archive Site.
For information on items that we wholesale, please see the Wholesale page.
For information about other companies that wholesale merchandise featuring Amy's art, please see the Licensed Products page.
Purchasing online is safe and easy - just add items to your cart and step through the checkout procedures to complete the transaction. This site makes use of SSL and other security procedures. This site accepts Visa and MasterCard only. Please see below for more information including shipping data.
Can I Purchase By Mail?
Yes, many items can be purchased by mail-in form or fax. Just add items to the cart normally. On the cart page will be a 'Create Mail/Fax Form' button. Once printed it may be mailed or transmitted to us.
Do you offer Lay-away?
We do not currently have a lay-away option available.
Where can I see Shipping Information?
Information on shipping can be found below. This includes shipping charge information, policy, and estimated time for delivery.
Art / Artist
Will you tell me more about your originals?
Images are created with watercolor, pen and ink, colored pencil, designer gouache. Completing a painting can take anywhere from three hours to several days depending on the size and content.
Do you have a Book out?
Yes, several have been published. See this page for some of them.
Amy is inspired by her large collection of art books featuring artist including Brian Froud, Alfonse Mucha, Michael Parkes, James Christiansen and many more.
What is your artistic Process, or how do you…?
Answers to questions regarding Amy's artistic process, references, tools, etc. will be posted on the Bio page.
What do you use for Models?
Amy has several art books full of reference poses, or for convenience she occasionally uses herself.
Do you read all of your fan mail?
Emails that are sent to this site are read and answered (as time allows) by Amy’s assistant. Any fan emails are forwarded to Amy and she does read them. Amy also reads any comments that are entered on orders placed on the site. Mail can also be sent to Amy at PO Box 25364, Federal Way WA 98093. Amy regrets that due to lack of time (translation: she has young children) she is not always able to send a personal reply, but she does read all fan mail and truly enjoys hearing from fans.
Do you critique fan artwork?
Amy doesn't feel comfortable with critiquing other peoples' work. However, she does enjoy knowing that there are so many creative people out there and wishes you all the best of luck in your artistic endeavors!
Do you post in any online chat groups or forums?
Mostly due to lack of time, Amy does not participate in any online chat groups or forums. Any claims of someone being "Amy Brown" in any forum are false (yes, this unfortunately happens).
Commercial Use / Commisions
I want to use your art on a Commercial item. How can I do this?
Commercial use of Amy's art is prohibited without completed prior contractual agreements. If you have a proposal you wish to pass along, you may do so via the contact link at the bottom of this page. Many requests are sent in from various personal business enterprises, both for profit and non-profit. For the sake of sane bookkeeping and more importantly, not over-saturating certain markets with Amy's work, only under certain circumstances does Amy accept new offers.
Do you take Commissions for…?
Sorry, at this time Amy is not accepting private commissions due to time limitations.
Contact
I have a Question or Comment for Amy. How can I send it to her?
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| You can order on this site by completing one of the following methods: |
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| 1) Secure Online Credit Card Shopping Cart |
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Visa & Mastercard only. Use our safe SECURE SERVER (SSL) to order your prints. This is the fastest and best option. This site uses the familiar shopping cart format. Add items to your cart by clicking the "Add to Cart" button next to each respective print or original. Once all items have been added, view the cart, verify the order, then click the "Check Out" button. All data submitted here is safe and confidential. |
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| 2) Mail-in or FAX Order Form |
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If you do not wish to order online for any reason, please feel free to place your order by standard mail or fax. To generate a mail/fax form, add items to your cart as normal. On the cart page will be a 'Create Mail/Fax Form' button. Once printed it may be mailed or transmitted to us. Contact information is available at the bottom of the form. Personal checks, money orders and Visa/Mastercard accepted. Orders are shipped immediately after personal checks are cleared. Due to the limited quantities available for many items on this site, we ask that you only use the mail-in order form for for high quantity, non-limited items. Mail-In orders placed for out-of-stock and/or sold out items will receive site credit. |
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• This site reserves the right to refuse an order at any time at its sole discretion.
• Your credit card statement charge will appear as "Amy Brown Fantasy Art, Inc." |
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| Shipping Information |
To see shipping charges for an order, view the shopping cart after adding items. Shipping cost will then be displayed. Read below for more information.
Please note: shipping charges are based on postage fees as well as the cost of the packaging materials and labor.
We do our best to ship orders as soon as absolutely possible. Most orders will take 4 to 7 days to arrive, however it can take up to 2 weeks. We try to find the least expensive and safest way to ship each package. Most orders ship USPS First Class or Priority Mail. Packages over 4 pounds will usually ship UPS. Originals, high end prints, and large orders will ship insured and may need to be signed for upon delivery.
Pricing may change at any time, depending on rate increases imposed by USPS and UPS.
Packaging:
We do our best to package every order in a manner that will protect the objects inside; however we can not guarantee delicate handling from the shipping services available to us. If you receive your order and it is damaged, please contact us as soon as possible.
International:
International orders: Due to the high volume of lost and/or stolen
packages shipped outside the US/Canada, we will only accept international
orders which comply with these guidelines:
- Minimum order of $100
- Customer must accept charges for insured Global Express delivery plus a $5.00 packaging and handling fee. (International orders cannot be picked up
by our carrier and require a special trip to the post office). We do not provide estimates on what the shipping charges will be - customer is charged exactly what we pay to ship the package insured Global Express plus the packaging fee.
- Billing info on credit card MUST match or items will not be shipped.
If you agree to these guidelines and wish to place an international order using a Visa or Mastercard please contact us and we'll send you further information.
Rush Shipping / Timeframe:
We are unable to offer RUSH services at this time. We do not have the staff available to make this an efficient service. We apologize for any inconvenience this may cause. Please place orders at least three weeks before they are needed. We strive to process orders as quickly as possible. In rare cases, an item may not be in stock at the time of purchase and may take a few additional days to obtain. If for a special event, ordering ahead will give you the best chance of receiving your order on time. |
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| Exchange Information |
Sorry, we do not accept returns - exchanges only. Some items, such as originals and giclees, cannot be exchanged. These items will be noted in the galleries. We are a very small business and the excessive costs involved in returned merchandise are not sustainable. Often, returned items come back to us damaged in shipping and we are not able re-sell them. We will accept exchanges for new merchandise or site credit. All shipping costs incurred during the exchange will be paid by the customer. If you need to exchange an item, PLEASE EMAIL US FIRST FOR EXCHANGE INSTRUCTIONS. Items will only be accepted for exchange if postmarked within 30 days of purchase. Items sent back beyond 30 days or exchanges in damaged, unsellable condition, will not be accepted. Items returned to us without following all exchange guidelines may be refused. Please send exchanges well packaged and if necessary, by insured mail. Please include any Exchange Information you receive from us with the exchange. If you email us to make a change or cancellation to your order and it has already shipped, we will accept exchanges only.
If you receive the wrong item in your order, please email us immediately. We will review your order and take steps quickly to correct the mistake.
If you have a question about an order you have placed, please email us. Include your name, email address, the date you placed your order and the items ordered. For the fastest response from us, respond directly from the order confirmation email you were sent after you placed your order. Please do not email us with incomplete information as we may not be able to find your order. |
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| Order Support Availability |
| If you have any further questions or comments about your order, please send an email to the address provided during checkout. Our customer service hours are Mon, Wed and Fri from 10:00am to 4:00pm Pacific Coast time. We do our best to answer all emails during this time, however some weeks our hours may be different do to holidays or uncontrollable circumstances. Please remember that we get a large amount of email and though we try to answer them all in a timely manner, sometimes it takes a day or two to get to everyone. If you need to contact us regarding your recently placed order, please do so immediately after placing it - we will receive it before your order is processed. |
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| Wholesale |
| Please go here if you are interested in wholesale. Also, information about items offered by other companies that feature Amy's art can be found here. |
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Privacy / Security Policy
Your personal information is NEVER given away, sold or used for anything other than what you give it to us for.
- Personally identifiable information is only requested and collected in areas of this web site where the visitor has requested that we respond directly and/or personally to them or site functionality requires such information. For example, it is collected for order shipping and credit card verification purposes or when sending email postcards to a recipient.
- Personal information and data collected in ALL AREAS of this site is NEVER shared or sold. We despise the erosion of privacy and abundance of spam as much as anyone and would never participate in their advancement.
- This site only uses "Session" cookies that last the duration of the site visit. These are used to track such items as shopping cart contents and "bread-crumbing" (to get you back to previous pages when needed). Such "Session" objects are deleted after leaving the site.
- Security is a top concern and measures are taken to ensure the protection of all afore mentioned customer data. This includes protections at both the server and site levels.
Recycling
We only purchase recyclable and biodegradable materials (starch packing peanuts) to pack our orders. We also try to re-use any materials we receive when we order supplies and merchandise from other companies (i.e. boxes, styrofoam packing peanuts, bubble wrap).
Amy Brown Fantasy Art, Inc
By using this site and its services, you agree to our Terms of Use Policy. Amy Brown and Amy Brown Fantasy Art Inc. reserve the right to refuse service or cancel membership at our sole discretion. It is your responsibility to read, understand, and comply with our Terms of Use before purchasing, using, copying, or distributing any product or image from this website.
Amy Brown holds copyright and intellectual property rights for all of her artworks, designs, and products. Use of any part of this website is strictly prohibited without the express written permission of the copyright holder. All products, and other services used on this website are the ©Amy Brown unless otherwise noted. All images, either electronic images or hardcopy images, artworks, products, and web design, shown on this website or elsewhere are ©Amy Brown unless otherwise noted.
SUMMARY OF USAGE
The terms listed below are merely a summary of the Terms of Use. Please read the full Terms of Use for further information.
- You accept the Terms of Use by actually using the Services, which includes accessing the website.
- No "for profit" use unless a separate contractual agreement exists between you and Amy Brown/Amy Brown Fantasy Art Inc. signed by Amy Brown or an authorized agent on behalf of Amy Brown/Amy Brown Fantasy Art Inc.
- You agree that you will not engage in any activity that interferes with or disrupts the Services provided on this website.
- You may not copy, distribute, replicate, print, or re-distribute any images provided on this website.
- You agree that you shall not remove, alter, conceal, or in any other way tamper with the images provided on this website.
Continued Below... (click for complete TERMS OF USE)
TERMS OF USE
1. User Agreement & Relationship with Amy Brown Fantasy Art Inc.
1.1 Your purchase and use of Amy Brown Fantasy Art Inc. products, services, and web site (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Amy Brown Fantasy Art Inc.
1.2 Unless otherwise agreed to in writing with Amy Brown Fantasy Art Inc., a legal agreement with Amy Brown Fantasy Art Inc. includes the terms and conditions set out in this document. These terms and conditions shall be referred to as the "Terms of Use."
1.3 This agreement contains the entire agreement between you and Amy Brown Fantasy Art Inc.
2. Acceptance of Terms of Use
2.1 Before utilizing Amy Brown Fantasy Art Inc. Services, you must first agree to the Terms of Use. You may not use the Services if you do not accept the Terms.
2.2 YOU CAN ACCEPT THE TERMS OF USE BY:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Amy Brown Fantasy Art Inc.; or
(B) ACTUALLY USING THE SERVICES. By actually using the Services provided on this website, you understand and agree that Amy Brown Fantasy Art Inc. will treat your use of the Services as acceptance of the Terms.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Amy Brown Fantasy Art Inc., or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Use of Website
3.1 You agree to use the Services only for purposes that are permitted by the Terms of Use and any applicable law, regulation or generally accepted practices or guidelines.
3.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.3 Unless you have been specifically permitted to do so in a separate agreement with Amy Brown Fantasy Art Inc., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.4 You agree that you are solely responsible for (and that Amy Brown Fantasy Art Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Amy Brown Fantasy Art Inc. may suffer) of any such breach.
3.5 You agree not to publish any confidential information that may be stored on this website.
4. Proprietary Rights
4.1 All content and material available on amybrownart.com/amybrownwholesale.com, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement are the proprietary property of Amy Brown and Amy Brown Fantasy Art Inc. with all rights reserved. Amy Brown and Amy Brown Fantasy Art Inc. own all legal right, title, and interest in and to the Services, including any intellectual property rights which exist in the Services regardless of whether said rights are registered or not, and wherever in the world those rights may exist. No site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express, written consent of Amy Brown Fantasy Art Inc.
4.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
4.3 Unless you have been expressly authorized to do so in writing by Amy Brown Fantasy Art Inc., you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
5. No Commercial or "for profit" use without separate agreement
5.1 You may not sell, redistribute, reproduce, make derivative works or otherwise use the images under copyright of Amy Brown and Amy Brown Fantasy Art Inc..
5.2 You agree to not modify images under this Service to manufacture your own products for sale in any form or through any market without a separately signed, legally enforceable contractual agreement.
6. Copyright Infringement
6.1 Copyright law in the United States is governed by federal statute under Title 17 of the United States Code http://www.copyright.gov/title17/. Infringers will first receive an informal letter from Amy Brown Fantasy Art Inc. requesting that the infringed work be immediately removed. If the infringed work is not immediately removed, then a formal Cease & Desist letter will be sent to the infringer demanding that the infringed work be immediately removed. The letter will explain why infringer’s conduct violates the copyright law and indicate the damages sought for continued infringement. If the infringed work is not removed, Amy Brown Fantasy Art Inc. may seek redressability through the legal system, which may result in compensatory monetary damages, injunctive relief, and restitutionary damages for unjust enrichment resulting from unauthorized sales of the copyrighted material.
Purchases
Any products or materials purchased from Amy Brown Fantasy Art Inc. are provided "as is." Amy Brown Fantasy Art Inc. does not give any express or implied warranties of merchantability, suitability, or completeness with regard to products purchased or provided.
In no event will Amy Brown Fantasy Art Inc., its agents, partners, or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use) however caused and on any theory of liability, whether in contract, strict liability, or in tort (including negligence or otherwise) arising in any way out of the use of these materials.
At times you may encounter Amy Brown Fantasy Art Inc. merchandise provided by third party. Amy Brown Fantasy Art Inc. its agents, partners, or affiliates are not liable for third party actions.
Jurisdiction
The Terms of Use, and your relationship with Amy Brown Fantasy Art Inc. under said terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and Amy Brown Fantasy Art Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Pierce, Washington to resolve any legal matter arising from said terms. Notwithstanding this, you agree that Amy Brown Fantasy Art Inc. shall still be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
Privacy
13. Ending your relationship with Amy Brown Fantasy Art Inc.
13.1 The Terms will continue to apply until terminated by either you or Amy Brown Fantasy Art Inc. as set out below.
13.2 If you want to terminate your legal agreement with Amy Brown Fantasy Art Inc., you may do so by (a) notifying Amy Brown Fantasy Art Inc. at any time and (b) closing your accounts for all of the Services which you use, where Amy Brown Fantasy Art Inc. has made this option available to you. Your notice should be sent, in writing, to Amy Brown Fantasy Art Inc. address which is set out at the beginning of these Terms.
13.3 Amy Brown Fantasy Art Inc. may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Amy Brown Fantasy Art Inc. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Amy Brown Fantasy Art Inc. offered the Services to you has terminated its relationship with Amy Brown Fantasy Art Inc. or ceased to offer the Services to you; or
(D) Amy Brown Fantasy Art Inc. is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Amy Brown Fantasy Art Inc. is, in Amy Brown Fantasy Art Inc. opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Amy Brown Fantasy Art Inc. rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Amy Brown Fantasy Art Inc. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Amy Brown Fantasy Art Inc. WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, Amy Brown Fantasy Art Inc., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Amy Brown Fantasy Art Inc. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 Amy Brown Fantasy Art Inc. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Amy Brown Fantasy Art Inc., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH Amy Brown Fantasy Art Inc. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Amy Brown Fantasy Art Inc. WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON Amy Brown Fantasy Art Inc. LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Amy Brown Fantasy Art Inc. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. Advertisements
17.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Amy Brown Fantasy Art Inc. on the Services are subject to change without specific notice to you.
17.3 In consideration for Amy Brown Fantasy Art Inc. granting you access to and use of the Services, you agree that Amy Brown Fantasy Art Inc. may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Amy Brown Fantasy Art Inc. may have no control over any web sites or resources which are provided by companies or persons other than Amy Brown Fantasy Art Inc.
18.2 You acknowledge and agree that Amy Brown Fantasy Art Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Amy Brown Fantasy Art Inc. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Amy Brown Fantasy Art Inc. may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Amy Brown Fantasy Art Inc. will make a new copy of the Universal Terms available at __________ and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Amy Brown Fantasy Art Inc. will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Amy Brown Fantasy Art Inc. and govern your use of the Services (but excluding any services which Amy Brown Fantasy Art Inc. may provide to you under a separate written agreement), and completely replace any prior agreements between you and Amy Brown Fantasy Art Inc. in relation to the Services.
20.3 You agree that Amy Brown Fantasy Art Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Amy Brown Fantasy Art Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Amy Brown Fantasy Art Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Amy Brown Fantasy Art Inc. rights and that those rights or remedies will still be available to Amy Brown Fantasy Art Inc.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Amy Brown Fantasy Art Inc. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Amy Brown Fantasy Art Inc. under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and Amy Brown Fantasy Art Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Pierce, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Amy Brown Fantasy Art Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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