The gist: We (Darren and Jane Di Lieto-Danes) run a professional illustrators club called Hire an Illustrator and would love for you to use it. We do not offer free membership, the only way to join HAI is via a paid subscription. Our service is designed to give you as much control and ownership over your content and what goes on the site as possible and aims to encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your news or profile or get linked to from your profile or news (things like spam, viruses, or hate content).
You can check our members’ profiles to get a sense of the types of content that are welcome on our service (or not!). If you find a Hire an Illustrator profile that you believe violates our terms of service, please get in contact.
Terms of Service:
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 Hire an Illustrator, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1.Your Hire an Illustrator Account. If you create a profile on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Hire an Illustrator may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Hire an Illustrator liability. You must immediately notify Hire an Illustrator of any unauthorized uses of your profile, your account or any other breaches of security. Hire an Illustrator 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.
2.Responsibility of Contributors. If you operate a profile, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, a media file or computer software. By making Content available, you represent and warrant that:
– the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
– if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any text, graphics, media file orsoftware, or (ii) secured from your employer a waiver as to all rights in or to the Content;
– you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
– the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
– the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
– the Content is not pornographic, does not depict scenes of graphic violence, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
– your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other profiles and web sites, and similar unsolicited promotional methods;
– your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s URL or name is not the name of a person other than yourself or company other than your own; and
– you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Hire an Illustrator or otherwise.
By submitting Content to Hire an Illustrator for inclusion on the Website, you grant Hire an Illustrator 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 profile. If you delete Content, Hire an Illustrator will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Hire an Illustrator has the right (though not the obligation) to, in Hire an Illustrator’s sole discretion (i) refuse or remove any Content that, in Hire an Illustrator’s reasonable opinion, violates any Hire an Illustrator policy or is in any way harmful, offensive or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Hire an Illustrator’s sole discretion. Hire an Illustrator will have no obligation to provide a refund of any amounts previously paid.
3.Payment and Renewal.
Paid services such as a membership subscription (any such services, a “Membership Subscription”). By selecting a Membership Subscription you agree to pay Hire an Illustrator the weekly subscription, monthly subscription, annual subscription or other fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Membership Subscription and will cover the use of that service for a weekly, monthly or annual subscription period as indicated. Membership Subscription fees are not refundable, but notice may be given by cancellation of the subscription prior to the next payment date.
Once you have purchased a subscription to the Hire an Illustrator service, this subscription will automatically renew and you authorize us to collect the applicable and/or overdue subscription fee(s) (as well as any taxes) using any payment mechanism we have on record for you. To cancel the automatic renewal of this subscription and end the service, log in to PayPal and go to your Subscriptions page under All Transactions, no later than 24 hours before the end of your current subscription period or contact us directly if you are paying by means other than PayPal. Hire an Illustrator will not cancel PayPal subscriptions on behalf of subscribers unless a new subscription is required.
Discounts and Promotional Codes.
We may on the odd occasion offer discounts or promotional codes. These cannot be applied retrospectively and may be withdrawn at anytime. Codes released to the public will only have a limited lifespan and private codes will not be valid if shared.
Fees; Payment. By signing up for an Account you agree to pay Hire an Illustrator the set up fees (if applicable) and weekly, monthly or annual fees indicated at http://hireanillustrator.com/i/?pagename=Subscribe in exchange for the services listed at http://hireanillustrator.com/i/portfolio-submissions. Applicable fees will be charged starting from the day your Account is established and in advance of using such services. Hire an Illustrator reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
5.Responsibility of Website Visitors. Hire an Illustrator is only partially 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, Hire an Illustrator 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. Hire an Illustrator 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.
6.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 hireanillustrator.com links, and that link to hireanillustrator.com. Hire an Illustrator does not have any control over those non-Hire an Illustrator websites and webpages, and is not responsible for their contents or their use. By linking to a non-Hire an Illustratorwebsite or webpage, Hire an Illustrator 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. Hire an Illustrator disclaims any responsibility for any harm resulting from your use of non-Hire an Illustrator websites and webpages.
7.Copyright Infringement and the Digital Economy Act 2010. As Hire an Illustrator 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 hireanillustrator.com violates your copyright, you are encouraged to notify Hire an Illustrator in accordance with the Digital Economy Act 2010. Hire an Illustrator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Hire an Illustrator or others, Hire an Illustrator may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Hire an Illustrator will have no obligation to provide a refund of any amounts previously paid to Hire an Illustrator.
8.Intellectual Property. This Agreement does not transfer from Hire an Illustrator to you any Hire an Illustrator or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Hire an Illustrator. Hire an Illustrator, HAI, hireanillustrator.com, the Hire an Illustrator logo, and all other trademarks, service marks, graphics and logos used in connection with Hire an Illustrator, or the Website are trademarks or registered trademarks of Hire an Illustrator or Hire an Illustrator’s licensors. 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 Hire an Illustrator or third-party trademarks or content. Exceptions are made for the use of the images located at http://www.hireanillustrator.com/i/link-love for the purpose of linking to the Website, but this is subject to change at the discretion of Hire an Illustrator.
9.Changes. Hire an Illustrator reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Hire an Illustrator may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10.Termination. Hire an Illustrator 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 hire an illstrator account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Membership Subscription, such account can only be terminated by Hire an Illustrator if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Hire an Illustrator’s notice to you thereof; provided that, Hire an Illustrator can terminate the Website immediately as part of a general shut down of our service. 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.
11.Disclaimer of Warranties. The Website is provided “as is”. Hire an Illustrator 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 Hire an Illustrator 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.
12.Limitation of Liability. In no event will Hire an Illustrator, 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 or 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 Hire an Illustrator under this agreement during the twelve (12) month period prior to the cause of action. Hire an Illustrator 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.
14.Indemnification. You agree to indemnify and hold harmless Hire an Illustrator, 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.
15.Miscellaneous. This Agreement constitutes the entire agreement between Hire an Illustrator and you concerning the subject matter hereof, and they may only be modified by a written amendment by the posting by Hire an Illustrator of a revised version. 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; Hire an Illustrator 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.
16.Cookies. Some cookies on this site are essential, and the site will not work as expected without them. These cookies are set when you submit a form, login or interact with the site by doing something that goes beyond clicking on simple links. We also use some non-essential cookies (Google Analytics & Statcounter) to anonymously track visitors. If you’re not happy with this, please set your internet browser to block cookies.
December 30, 2014: The Gist updated to reflect HAI status as a club rather than a service.
December 1, 2012: Section 3 updated to include a section about Discounts and Promotional Codes.
May 24, 2012: Added section 16. This section is about cookies, which may or may not be stored on a person’s computer depending on their usage of the site and service we offer.
January 12, 2012: Section 3 updated by the Automatic Renewal section being rewritten to make our automatic payment and subscription methods nice and clear while including references to PayPal and how to cancel a subscription to the service.
September 30, 2011: Return to sign up page link added. Illustrators’ profiles has been changed to members’ profiles in the blurb at the start to encompass agents and collectives as part of the term.
May 03, 2011: Section 2 updated to include i) depictions of graphic violence as unacceptable Content; ii) addition of Hire an Illustrator’s right to remove Content deemed offensive.
January 18, 2011: The WordPress.com TOS were modified and remixed for use on hireanillustrator.com. http://en.wordpress.com/tos/ Original Terms of Service available under a Creative Commons Sharealike license.