Revised: February 15, 2016
Revised: January 2, 2011
Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by IdeaFish Publications (“IDFP”), including information, text, images, graphics, data or other materials (“Content”) and products and services provided through our net work of sites (“Site(s)” or “IDFP Sites”) as well as all elements, software, programs and code forming or incorporated in to IdeaFish Publications (the “Service”) as provided by Word Press or any other Extension. The services on this site are administered by IDFP is also referred to in these Terms as “we”, “our”, and “us”.
By using our Service, you agree to be bound by Section I of these Terms (“General Terms”), which contains provisions applicable to all users of our Service, including visitors to the IDFP website (the “Site”). If you choose to participate in commenting on or ordering from IDFP it is inferred that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms (“Additional Terms”).
Section I: General Terms
This Service is provided by IdeaFish Publications on an “AS IS” and “AS AVAILABLE” basis and IDFP reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that IDFP is and will not be liable to you for any modification, suspension or discontinuance of the Service.
3. Trademarks, Fair Use Of
All brand, product and service names used in this Service which identify IdeaFish Publications or third parties and their products and services are proprietary marks of IDFP and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of IDFP or any third party with respect to any such image, logo or name.
The use of all trademarks presented on IDFP Sites is limited only to those who have obtained expressed written consent from the holders of said trademarks. This included but is not limited to what is outlined in our Link Agreement which is incorporated into this Terms by inclusion.
4. Copyright Notice
IdeaFish Publications is, unless otherwise stated, the owner or the advocating for the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of IDFP or the appropriate owner of copyright in such works. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
5. Reporting Copyright Violations
IdeaFish Publications respects the intellectual property rights of others and expects users of the Service to do the same. At IDFP’s discretion and in appropriate circumstances, IDFP may remove Commentary Content submitted to the Site. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact IDFP’s management for notice of claims of copyright infringement, Dana M. Williams who can be reached immediately through her personal email address. You must provide our agent with substantially the following information, which IDFP may then contend or reconcile:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please see IDFP’s Ethics Documentation for further information and details.
6. External Links
IdeaFish Publications may provide links to third-party websites or resources. You acknowledge and agree that IDFP is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by IDFP of such websites or resources or the Content, products, or services available from such websites or resources, unless endorsement is expressly stated. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software Availability
As a convenience, we may make third-party software available through the Service, things such as flash, adobe viewer and PayPal. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall IdeaFish Publications be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
8. Conduct on IDFP Sites
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to IdeaFish Publications that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. IDFP does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless IDFP, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
For users who post content to site comments please see Section II, clause 15 for further information.
9. Disclaimer of Warranty and Limitation of Liability for ONLINE Use
IDEAFISH PUBLICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IDFP MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. IDFP MAKES NO WARRANTIES OR PROMISES ABOUT THE SERVICES PROVIDED BY ANY OF ITS OUTSIDE CONTRACTORS OR USERS IN THEIR RELATIONSHIP WITH YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT IDFP IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, IDEAFISH PUBLICATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF IDFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL IDFP’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO IDEAFISH PUBLICATIONS PURSUANT TO THIS AGREEMENT.
IDFP takes steps to ensure our content is appropriate for roughly a teen audience and it is your responsibility to moderate your exposure to any materials you may find objectionable. Materials of an Adult Nature will be distributed only to patrons proving themselves to be over 18 years of age.
10. Amendment to the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. Changes to these Terms (and the effective date of such changes) by will be announced to Personally Identified Consumers via an email to the address provided to IDFP. For all other users, the revised terms will be posted on the Site with the date indicated. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between IdeaFish Publications and you with respect to your use of the Service. IDFP’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms to be invalid, you agree that the remainder of the Terms shall be enforceable. IDFP shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of the IdeaFish Publications Management. These Terms shall be governed by and construed in accordance with the laws of the State of Missouri. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Missouri.
Section II: Additional Terms
12. Contracting IDFP
To contract or commission any of the Services or purchase products, you must be 18 years of age or otherwise lawfully permitted to enter into and form contracts under applicable law. If you are under 18 please allow a LEGAL GAURDIAN to conduct your desired business on your behalf. IN NO EVENT MAY MINORS MAKE USE OF THIS SERVICE. If you seek to contract a convention sketch from IDFP at an appearance venue please see the following clause. No illicit, violent, or sexually explicit material will be knowingly made available to any persons under the age of 18.
You agree that the information that you provide to us upon commission, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important to provide a functional email address, since that is the primary way in which we will communicate with you about your projects and your orders.
During the process of creating your commission or custom orders you will be presenting with check points for completion, revision and critique. It is the sole responsibility of you, the consumer, to ensure that what we, IDFP, produce for you is what you want. This requires timely response and clear communication from you. All payments are exclusively calculated in US DOLLARS. Payments for commission work are set up on a custom payment plan, a non refundable down payment is required at the beginning of any project that will apply to the total cost of services rendered. Installments of further payment will be paid at agreed upon checkpoints in the project. The balance of the project estimate will be due before the finished work is released to the consumer. IDEAFISH PUBLICATIONS CAN OFFER NO RETURNS, REFUNDS OR CREDITS ON ANY CUSTOM ART, DESIGN SERVICE, OR COMMISSION PRODUCT ONCE COMPLETED. IT IS FULLY THE OBLIGATION OF YOU, THE CONSUMER, TO COMMUNICATE WHAT IS ACCEPTABLE FOR YOUR PRODUCT OVER THE COURSE OF THE CRITIQUE CHECKPOINTS AND PROOFING STAGES. ONCE A FINAL ORDER HAS BEEN SHIPPED ON OUR CONTRACT WORK ALL LIABILITY DEFAULTS TO YOU.
12A. Commission Cancellations
If it becomes necessary for IDFP to cancel their contract with you, you will be notified, refunded all payments except the initial down payment, and all materials related to the project will be released to you. Recommendations of affiliates to complete said project will be made and proper contact will be initiated on your behalf.
If you chose to cancel your commission, IDFP will retain all payments and materials created by IDFP in the course of your commission. Any reference or preliminary work sent to us by you will be returned. You will have the option to re-activate your commission within ninety (90) days to still utilize your original down payment for the project, after ninety (90) days a new down payment will be required. Total Costs for re-activated commissions will be calculated at the time of re-activation.
Mutual Cancellations of projects will be negotiated as they occur to the benefit of both you and IDFP. IDFP WILL NEVER REFUND A COMMISSION DOWN PAYMENT AS IT COVERS THE TIME STAFF SPEND PROCESSING AND WORKING ON YOUR PROJECT.
13. Live Appearances
When you approach IdeaFish Publications in a live venue, you agree to follow all the rules and regulations of the venue hosting IDFP’s appearance. You understand that your conduct reflects only upon yourself and that IDFP is in no way liable for any of your actions. You agree that all minor children, yourself or in your group, are accompanied by a responsible adult over the age of 21 years capable and authorized to act as their LEGAL GAURDIAN.
IDFP takes steps to ensure our content is appropriate for roughly a teen audience and it is your responsibility to moderate your exposure to any materials you may find objectionable. To contract a convention sketch from IDFP at an appearance venue, all patrons under the age of 16 must be accompanied by an adult. No illicit, violent, or sexually explicit material will be knowingly made available to any persons under the age of 18.
14. Monitoring Commentary Content
IdeaFish Publications has no ability to control the Commentary Content you may post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Commentary Content and material you upload, post or otherwise transmit using the Service.
Any Commentary Content that is monitored and deemed to be in violation of our Rules of Conduct will be deleted without notification, unless it of a nature requiring us to alert the proper authorities.
15. Rules of Conduct
You agree to be subject to and to conduct yourself in accordance with IDFP’s following conduct policies. You are responsible for conduct and all Commentary Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer IdeaFish Publications’ Ethics & Copyright Documentation for further details.
You agree, in short, that you will not use this Service:
- for any unlawful purposes;
- to upload, post, or otherwise transmit any material that is obscene, offensive, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, illegal or otherwise objectionable;
- to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, IdeaFish Publications or to facilitate the unlawful distribution of copyrighted or illegal content, REMEMBER PG13 is our target RATING;
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service, to distributed any fraudulent information;
- to upload, post, or otherwise transmit any material which is likely to cause harm to IdeaFish Publications, its subsidiaries, or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purpose, except as expressly permitted under these Terms;
- to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from IDFP by hyperlink and not to compete with IdeaFish Publications over their own products.
15A. Commercial Activities Allowed on IDFP Sites
Commercial Activities mean the offering, solicitation or sale of goods or services by anyone other than IdeaFish Publications and IDFP Staff Members. Commercial activities on this site are only allowable for Affiliates and Collaborators, who must request consent from IDFP for each individual instance.
IdeaFish Publications is in no way responsible or liable for any Commercial Activities offered by third parties on the IDFP Sites. Any Commercial Activities conducted without notification of IDFP Management are not condoned on the IDFP Sites.
16. Product Purchases from IdeaFish Publications
IDFP is proud to offer items available for purchase on our Site(s); such items are the products of small press publication and printing and home publishing. Quality control at IDFP is as strict as possible, but often out of our control, IDFP feels the need to disclaim the malfunction of any products used incorrectly or without proper understanding of their nature as handmade artifacts. Such crafts are more fragile than mass produced products and intended for careful, and if necessary adult supervised, use.
All payments are to be made in US dollars and all prices are subject to change at any time. Postage, handling and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the orders destination country. Delivery dates are provided as an estimate only, from the date shipment was made:
Due to the time demands of our staff, all orders will ship on one designated day a week that is dependent on the work schedules of the appointed shipping staff. Orders that do not clear payment in time to be included in one week’s shipment will be sent out with those of the next week . Shipment within the Continental United States is all our website is capable of automating, please contact us to receive a custom quote for orders outside the United States.
IdeaFish Publications is unable to accept returns on products in these cases:
- IDFP is not responsible for damages incurred in shipping excluding the one extenuating instance below. IDFP is in no way liable for the negligence of postal carriers or customs agents. If you are concerned about your postal services, we can offer insurance on packages that will allow you to gain refund from said services directly at an additional fee upon check out. Please contact IDFP about adding this feature to your order for your own protection.
- IDFP is not responsible for the condition of any discounted or used item. Discounted items are advertized as imperfect, faulty, or damaged and the purchase of these items is your acceptance of their “AS IS” condition. Such items include but are not limited to: returned products (used), misprinted items (outside the bounds of acceptable quality control), or mild to moderately damaged items. No dangerous items will ever be marketed as DISCOUNT, items deemed dangerous are destroyed.
- IDFP is not responsible for any of their merchandise bought from a third party (used) or directly from their suppliers. All of your dealings over items not purchased specifically from IDFP Sites must be continue to be handled at their specific source. Such places include but are not limited to sites such as: café press, lulu.com, Amazon, eBay and the personal sites of others.
IdeaFish Publications gladly accepts returns on products in these cases:
- IDFP takes responsibility only for damage merchandise incurred in shipment due to improper packaging. This is the only facet of your shipment that we here at IdeaFish Publications control, and we take heavy precautions to always package items properly. If you feel an item was not sufficiently packaged send us photos of the packaging, the merchandise and a statement from your local postal service along with your appeal.
- Misrepresented merchandise is any product you bought and was not as advertized. IDFP seeks to properly label and display what you are purchasing, IDFP is not liable for any failure on your part to understand descriptive terms or appreciate the content of any publication. Misrepresented merchandise applies only to misleading statements made on the IDFP Sites in marketing our products. Products that do not have the proper dimensions listed on the site or product packages that are missing items that are supposed to be included are legitimate examples of misrepresented merchandise.
- IDFP assumes full responsibility for any incorrect shipment of products. If the package you receive does not contain the products you ordered, that is the fault of an IDFP Staff Member and IdeaFish Publications will take steps to correct the mistake if you notify us within 30 days of the shipment. You, the consumer, are liable to provide a clear and correct address so improper shipment destination is NOT covered under acceptable replacements.
When returning products to the IDFP store you, the consumer, will receive instructions on shipping the merchandise back in an email responding to your petition of return. Such instructions will include articles such as: placing the item in its’ original or identical packaging, clearly printing your return address, and including a copy of your order statement stapled to the email authorizing our acceptance of the return. Full instructions specific to every instance must be followed and returned item back at the IDFP business office before replacements or credits are sent.
If, and when, IdeaFish Publications deems it appropriate to issue a replacement or credit you can expect it in the following weeks’ shipment from the conclusion of your return processing. When returning merchandise in acceptable condition, you assume the cost of the shipment back to IDFP, and IDFP assumes the cost of shipping the replacement. Original shipping costs are not refunded. When returning defective or damaged merchandise, it is understood that you will take steps once authorized to return or destroy said product. Conclusion of the return processing occurs when IDFP receives the returned package or you are authorized by IDFP Management to destroy defective products.
Credits at IdeaFish Publications allow you to apply to original cost of returned merchandise to the purchase of any different item from our store, shipping costs will never be refunded but if the cost of an item purchased on credit is of lesser monetary value than the credit used shipping for the new item will be covered by the credit. Any item worth more than the credits held will require the difference to be paid. Full instructions for the use of IDFP Store Credit will be sent to a customer once credits are acquired.
IDEAFISH PUBLICATIONS CAN OFFER NO RETURNS, REFUNDS OR CREDITS ON ANY CUSTOM ART, DESIGN SERVICE, OR COMMISSION PRODUCT ONCE COMPLETED. IT IS FULLY THE OBLIGATION OF YOU, THE CONSUMER, TO COMMUNICATE WHAT IS ACCEPTABLE FOR YOUR PRODUCT OVER THE COURSE OF THE CRITIQUE CHECKPOINTS AND PROOFING STAGES. ONCE A FINAL ORDER HAS BEEN SHIPPED ON OUR CONTRACT WORK ALL LIABILITY DEFAULTS TO YOU. IN REGARDS TO ALL STOCK PRODUCTS EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 16, ANY PRODUCT PURCHASED THROUGH THE IDFP SHOP IS PROVIDED ON AN “AS IS” BASIS. IDEAFISH PUBLICATIONS’ SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE IDEAFISH PUBLICATIONS SHOP SHALL BE FOR IDEAFISH PUBLICATIONS TO ARRANGE A REPLACEMENT, OR SITE CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.