We (the folks at My Next Illustrator referred to as “MNI” ) run a client and illustrator marketplace platform and would love for you to use it. Our service is not free, but is designed to give you as much promotion of your work and the information you send us. However, be responsible in what you create and send to us. In particular, make sure that none of the prohibited items (things like spam, viruses, or serious threats of violence) appear in your work or any links that you grant us to publish on the platform.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. 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 and conditions are considered an offer by MNI, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
Your MNI account and business card (”content”)
If you have us create a card on the Website, you are responsible for ensuring any content you provide is accurate, owned by you and not the work of any agency, individual or any other third party or otherwise likely to cause MNI liability. You must immediately notify MNI of any unauthorized uses of your work, your account or any other breaches of security including any unsolicited your emails you may receive that you feel are spam or not directly sent from MNI. We endeavor to check all proposal emails but cannot be held accountable should you receive anything not directly in relation to your work. MNI will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines.
By submitting Content to MNI, you grant MNI a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your work as a creative. This license allows MNI to make publicly-posted content available to third parties selected by MNI (through MNI’s extensive promotion of the platform for example) so that these third parties can analyse and distribute (but not publicly display) your content through their services.
You also give other visitors and platform users permission to share your Content on other blogs, social media channels and sites and add their own Content to it (aka to mention something about hiring you for example). You also agree in order to have a card on the MNI platform, you will add an MNI badge to your own website and/or blog (where technically possible).
Without limiting any of those representations or warranties, MNI has the right (though not the obligation) to, in MNI’s sole discretion (i) refuse or remove any content that, in MNI’s reasonable opinion, violates any MNI policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MNI’s sole discretion. MNI will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
MNI charges a monthly fee to host your digital business card and services in relation to this.
By purchasing the monthly plan, you acknowledge that your plan has an initial and recurring payment. At the end of the initial period specified in the plan, your subscription will be automatically renewed for successive periods of the same length at the current plan rate until you cancel your subscription.
Automatic renewals will continue until you cancel your subscription. You can cancel your subscription at any time. You are responsible for paying all recurring charges prior to cancellation and must give MNI at least a months notice if you do not wish to continue with the service so that you are not charged from the following month after your cancelation request. You can email us directly to cancel your plan.
Prices for our paid plan are subject to change without notice. MNI reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. By signing up for the MNI you agree to pay MNI the specified monthly fees in exchange for access to the platform and liasie with your account director regarding your digital presence. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. MNI reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Responsibility of Website Visitors
MNI has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MNI does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MNI disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MNI links, and that link to MNI. MNI does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to other websites or a webpage through MNI, MNI does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MNI disclaims any responsibility for any harm resulting from your use of non-MNI websites and webpages.
Copyright Infringement and DMCA Policy
As MNI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MNI violates your copyright, you are encouraged to notify MNI in accordance with MNI’s Digital Economy Act 2010 Policy. MNI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MNI will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MNI or others. In the case of such termination, MNI will have no obligation to provide a refund of any amounts previously paid to MNI.
This Agreement does not transfer from MNI to you any MNI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MNI. MNI, the blog, website and logo, and all other trademarks, service marks, graphics and logos used in connection with MNI, or the Website are trademarks or registered trademarks of MNI. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MNI or third-party trademarks.
MNI reserves the right to display attribution links such as ‘get hired through my next illustrator,’ in your blog or website footer.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using MNI within the designated notice period. Your continued use of MNI will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
MNI may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MNI account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. MNI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MNI nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will MNI, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MNI under this agreement during the twelve (12) month period prior to the cause of action. MNI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless MNI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between MNI and you concerning the subject matter hereof, and they may only be modified by the posting of a revised version by MNI. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MNI may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Parts of this Terms of Service was crafted from WordPress.com’s version, which is available under a Creative Commons Sharealike license.