By visiting this site you agree to these terms and agree to abide by copyright terms of this site and laws. This page outlines the terms you agree to abide while visiting byElaineLeon.com, as well as general information when engaging in business with Elaine Leon.

Illustrations at byElaineL.com may be available for licensing for either commercial or personal usage. You may inquire about availability, by using the contact page of this website. Elaine`s latest work is at Instagram.com/byElaineLeon.

AI SCRAPING/AI USAGE

This website does not allow AI Scraping. The images in this site are authored by human beings.

Commissions / Works for Hire / Graphic Design / Events & Appearances

Please inquire about Elaine`s availability to create custom work. She limits the number of clients within a 30 day period. Each project has 30 days to be completed. Payment must be discussed and submitted prior to starting work. Larger projects that require more time will be discussed prior to accepting the commission.

Work for Hire means the participation of a person, retained by the client or company, who was hired specifically or required to produce or create specific intellectual property or create specific materials resulting in intellectual property. Work for Hire means work prepared by any employee. This clause does not apply in any way as, you the customer is engaging the artist for freelance work.

An independent contractor is a person or entity engaged in a work performance agreement with another entity as a non-employee.

Freelancer is a person in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. All works performed by Elaine Leon are considered and entered into agreement through freelancing/independent contractor. Licensing fees for all works would have to be arranged and agreed upon prior to engaging the artist in an agreement.

If the artist performs a services that can be controlled by an client (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the payer has the legal right to control the details of how the services are performed. These controlled perimeters are set prior to agreeing to the work. (irs.gov)

Events and appearances shall have a 30% non-refundable deposit. The remainder of the payment shall be paid on an agreed upon time period. Each agreement is tailored to the clients` needs.

Licensed Images

All ownership of artwork created by Elaine Leon, is retained by the artist, unless agreed upon before hand and fees set to compensate the artist. Any abandoned artwork ownership will return to the artist.

Under no circumstances are images licensed to be uploaded to any print on demand, stock photo company, or any other site for the purpose of dissemination of said images without properly compensating the designer, Elaine Leon. Images may NOT be resold, relicensed, transferred or treated as property in the event a business owner were to sell their business and may not include the images in the sale. An agreement becomes null and void if individual breaches this agreement and/or business is sold, a new licensing agreement would have to be agreed upon and fees paid.

Indemnification

The Client agrees to indemnify and hold Elaine Leon harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

Security Policy

Proper encryption and security measures have been taken to protect customer data. Secure certificates and connections are in place for your safety.

Blog Terms

Privacy Policy

Any information collected on this blog is never sold, propagated or granted access to, in any way to any individual or company, private or public.

Copyright

You may repost any original artwork created by Elaine Leon, from her Instagram account, Facebook, Twitter, Blog or any social media without the consent of the blog owner. However, an attribution link back to Elaine Leon blog, (https://byElaineL.com) must appear with the repost, along with a line crediting ‘Elaine Leon as the author of this content.’

Please do not remove watermarks, or crop watermarks out, edit images with a photo editing program such as Photoshop or create a collage or derivative piece with Elaine Leon`s images.

Third-Party Content

On occasion, this blog will post images not owned by Elaine Leon under the Fair Use. This clause allows bloggers to post a picture for different purposes. These purposes are editorial, educational, research, archival and news reporting. Please read more about it here. If you feel there is an image here in violation, please contact the blog owner and she will remove it.

Sponsored/Affiliate Posts

All sponsored/affiliate post will be disclosed at the end of the post and after the affiliate link within the content of the post. Please, the author for more information.

The author of this blog does not get paid to blog about products or services. But, in the event that payment or product is received in exchange for a post, it will be mentioned in the post. The author only blogs about services/products have tried or owned herself. If you are interested in having the author blog about your product or services, please contact the author.

YouTube Videos and music

The content and music presented in Elaine Leon’s YouTube channel are the sole property of the creator and copyright owner, Elaine Leon.

The original music featured in Elaine Leon’s YouTube channel is composed by Elaine Leon. All rights are reserved. The copyright is retained by Elaine Leon.

Advertisers on videos-YouTube

Our website Videos display ads. Some of our advertisers collect web browsing data to display ads. These ads often are from visited sites in your browser history. We have no control over the advertising displayed or how they collect data to display ads you may be interested in. The advertising displayed in our videos does not represent the ideas or opinions of the artist and the website owner.

Tracking Cookies

This blog uses cookies to store information about visitors, their preferences, log user-specific data on which pages the user views, adjust Web page data based on user`s operating system and browser or other data that the user sends via their operating system and browser. This log is maintained for statistical purposes on visitor data.

This data includes IP address, browser type, operating system, location, downloaded files or images, entry and exit pages. This data is collected to measure trends and readership without it being linked to any personal data.

Instagram Filtered Image Policy

All images bearing Instagram filters, shall not be licensed by anyone. These and all images are the intellectual property of Elaine Leon. Individuals or companies found with such images are subject to copyright infringement and liable for damages and legal fees. Please inquire about the availability of such pictures.

Social Media Content

Under no circumstances is the content on Elaine Leon`s social media is to be posted, scraped, cited, edited and added to larger works such as videos, documentaries, movies, turn into other social media content for private accounts without express and written permission from the artist.

You must receive the expressed written consent and proper licensing fees paid to Elaine Leon. If you would like to use any of the work here, please email the blog author. If this mandate is violated, the author will seek compensation and damages through legal action.

Comment Policy

You, the commenter, own the copyright to the comments you post.

If a comment falls in the realm of offensive, spam, abusive or hateful to anyone`s race, orientation or religious belief, it will not be published.

Miscellany

Elaine Leon Blog contains intellectual property owned by Elaine Leon, including trademarks, copyrights, proprietary information, articles and other intellectual property.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Elaine Leon Blog content, in whole or in part without our prior written consent.

We reserve the right to immediately remove your account and access to Elaine Leon Blog, including any products, services or advice offered through the site, without refund, if you are caught violating this agreement.

Indemnification

The owner of Elaine Leon blog and its authors will not be liable for any errors or omissions in article information nor for the availability of this information. The owner of Elaine Leon blog and its authors will not be liable for any losses, injuries, or damages from the display or use of this information. Take all advice at your own risk.

Further Explanation of Copyright Terms of Content on Elaine Leon Blog

You are free to share, distribute or transmit any work on this blog under the following conditions in tandem:

Attribution. You must attribute the article that you’ve used adding a line of credit, where it can be seen, linking back to the specific article page. The credit link used should point to the article page and not just byElaineL.com’s homepage.
Content Usage Limit. You are not allowed to repost an ANY blog post or article in its entirety on your blog or site unless attribution and backlinking is made.
Personal/Commercial Usage. You may not use the content on Elaine Leon`s blog, be it images or articles for any commercial/personal purpose. Permission must be given prior to any publication. The images and content on Elaine Leon Blog cannot be bundled and sold,norit cannot be used in its entirety as a free gift or bonus for a product intended for commercial or personal use.
Print Media. Under NO circumstances is this work to be used on printed media of any kind, including but not limited to, magazines, newspapers, books, apparel, decor, wall art, jewelry, video, collage, print on demands etc., for commercial product or for personal use. You must receive the expressed written consent and proper licensing fees paid to Elaine Leon. If you would like to use any of the work here, please email the blog author.
Downloads & Freebies. Under no circumstances are to be redistributed, sold or given away. Terms are provided per post. Linking to the download is allowed. Please note that the downloads and freebies are nothing more than PRIVATELY OWNED publications and artwork part of Elaine Leon`s Private Collection and not Elaine Leon`s original artwork. Under no circumstances is the artwork of Elaine Leon free or without copyright.

If you want to syndicate or distribute any article here on your website you must get written permission to do so. Please contact the blog owner for permission. Permission must be granted, in writing, for syndication or distribution of any article.

Store Terms

Returns

We will accept returns for any unused item or any item arriving in damaged, unopened packaging. You may choose a refund or store credit. Please email us to start the process.

Customized Items

Customized items are non refundable unless the item arrived in damaged, unopened packaging. You can email us any time with any questions you may have about your item.

Shipping

At this time the store ONLY shipping items to the United States. Please inquire for special shipping rates to other countries.

Indemnification

The owner of Elaine Leon store and its third party shippers and associates will not be liable for any errors or omissions of an item nor for the availability of an item. The owner of Elaine Leon store and its suppliers and associates will not be liable for any losses, injuries, or damages from the use, misuse of the items/products of the store. Once an item hasTake all items are purchased at your own risk.

Copyright

All and any graphics, surface design, characters, illustrations and images that Elaine Leon, has created displayed on this web site and/or illustrations that Elaine Leon has been commissioned for, are protected from misappropriation, misuse, editing and unauthorized use by copyright law and international copyright laws, as well as other laws that uphold intellectual property rights and digital distribution of said images.

Elaine Leon shall retain the right to use any illustration that has been commissioned to promote her work.

The only exception of this is logos, as they are the property of the client, once the logo is completed and proper fees collected. Promotional use allows an artist the right to use illustrations created by the author on your site, blog, social media, and making these illustrations available to others on a non-commercial basis as examples of my work.

Anyone using any of Elaine Leon`s illustrations for commercial or personal use must obtain a license in advance as well as pay fees and terms agreed upon before hand. Any illustration used in any way must contain a credit indicating that Elaine Leon is the illustrator or the designer. Anyone granted permission to use any of my illustrations is subject to these policies.

Updated 05/20/2024