✸ Illustration, Merch & Character Design ✸
🌈✸ Become a Patreon or Ko-fi supporter ✸🌈
check out my partner's beautiful art!
They make amazing designs and have a passion for developing elaborate stories with her lovely characters. He also offers commissions!
Hello! I'm Max Hamilton aka 'Dracononite', a queer, nonbinary, and lesbian artist from North Carolina, I grew up in the Outer Banks area. I graduated with an Associate's in Graphic Design in 2019 and have worked full-time as an artist since high school. I currently live with and support my partner and our dog, Billie.I specialize in custom illustration and character design commissions. I started designing merch in 2022 and officially refreshed my brand in 2024, with the aim to create more original artwork and designs that represent my queer identity and values, and can be enjoyed by all. My artwork is inspired by the world around me and otherness, self-love, and the universe. It celebrates the intersection of magic and the mundane.I use the Huion H610 Pro tablet and MediBang Paint Pro.
Interested in collaborating or including me or my artwork in a project? Feel free to reach out! I would especially be interested in participating in projects or zines centered around queerness, disability or spirituality, and fundraisers for LGBTQ, disability, animal shelter, environmental, and humanitarian aid groups.I work and answer emails Monday through Friday.
Be sure to check your spam folder for replies!
If you're waiting for a commission, you can check my Trello commission queue, or reach out to me directly for updates.
✸ Commissions ✸
commissions are currently: OPEN!
✦ TO ORDER A COMMISSION ✦Contact me with your character reference, commission idea, design prompt, etc! Feel free to ask about options not listed here as well. If you'd like to keep up with commission openings, you can follow me on Twitter or join my art sales Discord.To order supporter-exclusive commissions, you must be a member of my Patreon or Ko-fi! You can provide your Patreon or Ko-fi email while ordering a commission as proof, and to also have your discount applied. If you'd like to go a step beyond with a monthly art reward, you can pledge to my $60 Rainbow tier, which has limited spots!
▷ All prices are before sales tax! ◁
✸ PWYW: $50+ USD ✸
OPEN⭐️ supporter-exclusive
Anything from doodles to full color sketches or even painted or lineless pieces. Creative freedom is preferred.✦ A bust to a fullbody piece - sketchy, lineless, painted, limited palette, etc
✦ I can do meme / reaction image drawovers for this (no drawovers of selfies)
✦ Up to two characters per piece!Price quotes may vary for this commission option!
✸ Tiny Icon: $40 USD ✸
OPEN
A simple little headshot of your character! Some features will be resized to fit within the canvas. Comes with both color and transparent background.
✸ Treat YCH: $60 USD ✸
OPEN
An icon of your character enjoying any kind of treat!✦ Predetermined pose, expression changes are OK, just ask!
✦ Background is flat color and simple items/patterns only
✸ Icon: $100 USD ✸
OPEN
A close-up icon illustration of your character!✦ Connecting icons are +$80 each, can extend horizontally or vertically
✦ Background can be colors/patterns, pride flags, free-to-use photos, environment
✸ Pixel Icon: $90 USD ✸
OPEN⭐️ supporter-exclusive
A pixel icon of your character!✦ Single character only
✦ Simple blink and/or smile animation can be included
✦ Background can be transparent or flat color
✸ Pixel Sprite: $65 USD ✸
OPEN⭐️ supporter-exclusive
Animated pixel sprites done in Piskels! Includes 300px and 100px versions, and PNGs.✦ 4 frame per second simple "bouncing" animation done on a 32x32 pixel canvas
✦ Character designs and movements will be simplified a lot
✸ Bust: $75 USD ✸
OPEN
A simple and slightly sketchy bust of your character. Single character only!✦ Creative freedom preferred
✦ Background is flat color
✸ Badge: $150 USD ✸
CLOSED
A digital badge of your character, featuring their name and fitting motifs!✦ Partner Pokemon is +$50Printing and shipping services not available. Badge is colored for digital display only.
However, commissioners may color edit and print for personal use!
✸ Halfbody: $175+ USD ✸
OPEN
A chest-up to waist-up rendered piece of your character, with a fitting theme/background.✦ Additional characters are +$85 each
✦ Partner Pokemon is +$50
✦ Background can be simple pattern, free use photo, environment, etc
✸ PKMN Card: $150+ USD ✸
OPEN
Feature your character on their own Pokemon card, complete with typing, HP, moves, Pokedex info, rarity, optional pre-evo, and more. Non-Pokemon characters welcome!This commission option focuses on the aesthetic of Pokemon cards. If you would like accuracy to the TCG such as specific moves or even set logos, please provide all desired details when commissioning!---
✦ CLASSIC ($150+): An older-style card, where the artwork stays in-frame.
+ Holographic and/or Reverse Holo version: +$25 each
✦ EX / MEGA ($185+): Artwork breaks out of the frame and borders.
✦ V ($240+): Artwork fills most of the card, partially covered by a gradient.
✦ FULL ART ($275+): A full illustration that extends to the border of the card.
---If you want a specific card type/template that I don't currently offer, I can do so for an additional upcharge. Price depends on the complexity of the card layout/graphics.Printing and shipping services not available. Colored for digital display only. Commissioners may color edit and print for personal use - full resolution artwork is nearly 5x7".
✸ Header: $250+ ✸
OPEN
A banner illustration of your character with your username! Meant to be used as social media or profile headers, stream banners, etc. Background can be environment, pattern, items/props, etc!✦ Additional Character is +$75
✦ Partner Pokemon is +$50Please let me know if you need specific dimensions for your header! Default dimensions are 1000x3000px.
Versions without the username are provided by default.
✸ MS Paint Doodle: $75 USD ✸
OPEN⭐️ supporter-exclusive
Chibi done in MS Paint!✦ Some creative freedom is required for the posing to fit, proportions will be a little wonky
✦ Some features may be resized to fit, and some colors/markings may be simplified, especially gradients
✸ Mini: $125 USD ✸
OPEN
A tiny simple chibi of your character in a more cartoonized style! Fullbodies of small and very simple Pokemon characters will be priced as this option.✦ Single character only
✦ Simple props and items accepted
✸ Chibi: $200 USD ✸
OPEN
A chibi of your character! Fullbodies of small/medium or simple Pokemon characters will be priced as this option.✦ Additional characters are +$120 each
✦ Background will be flat color or simple pattern
✸ Fullbody: $300 USD ✸
OPEN
A fullbody illustration of your characters! Fullbodies of large, anthro or complicated Pokemon characters will be priced as this option.✦ Additional characters are +$180 each
✦ Background can be colors/patterns, free-use photos, simple environment, etc.
✸ Pokemon Team ✸
OPEN
A full illustration of a Pokemon team. A character with their team, two characters battling, a Pokemon Mystery Dungeon rescue / explorer team, etc!✦ Up to two non-Pokemon characters and six Pokemon total - Pokemon can be anywhere from icons/busts to fullbodies.
✦ Background can be colors/patterns, free-use photos, simple environment, etc.▷ Price available in quotes! ◁
Estimated range around $250-700+, depending on number of team members, desired Pokemon, additional details like accessories, posing/composition, etc.
✸ Outfit Sheet ✸
OPEN
A multiple fullbody illustration showing off your character in various outfits / accessories! You must have at least general ideas for what outfits you'd like, and provide clothing references, however I can do a bit of designing if necessary and can work off patchwork refs.▷ Price available in quotes! ◁
Estimated range around $350-500+, depending on how many outfits as well as their complexity, displaying of variations in character design, item flatlay add-ons, etc.
✸ Mini Custom: $150 USD ✸
OPEN
A more affordable custom option, I can design anything that fits onto this general shape!The design itself doesn't have to be symmetrical. Each design has unique lineart drawn over a sketched base to keep similar proportions.✦ Additional Fullbody is $30+ for simple design edits like color palette or an outfit
✸ Sketchy Custom:
$150+ USD ✸
CLOSED⭐️ supporter-exclusive
Sketchy custom designs can come with at least one fullbody, color palette and info, and I can add usual add-ons for extra.✦ Includes any kind of character design
✦ I prefer a LOT more creative freedom, but don't mind prompts for themes such as motifs, images for inspiration, etc.Price quotes may vary for this commission option!
✸ Custom Designs & Refs ✸
CLOSED
Includes one fullbody, color palette, and info such as: name, species, pronouns, design notes, likes/dislikes, etc. Add-ons listed below are available upon request!✦ Fullbody: Back and/or side view, showcase an outfit, alternate color palette or form, map out scars and tattoos, etc.
✦ Headshot: Showcase facial features, hairstyles, piercings, expressions, etc.
✦ Details: Items and close-ups! Inventory or favorite items, mobility aids, tattoo flatlays, accessories, aesthetic moodboard, Pokemon team, etc.▷ Price available in quotes! ◁
Most custom designs and refs start around $200-350, depending on prompt. Reach out to me with your idea or budget, and we can discuss the perfect comm for you!You can find a lot more of my design examples in my Toyhouse design tab!
Anthro & Furry
I especially enjoy designing dragons, airplane dragons, mammals, birds, some insects (beetles, moths, etc) and tailed primates. I am also happy designing food, pooltoy, and plush characters. Some favorite motifs and colors of mine include: retro/warm rainbow, postal, chocolate/dessert, mushrooms/plants, halloween.
Dragons
Western dragons, wyverns, drakes, lung dragons, wyrms, serpents, etc. I am also happy to "dragonify" your character, or design fan characters such as from HTTYD or Flight Rising. I especially have fun with vibrant markings, unique silhouettes, plated scales and bellies, bulky horns, long tails...
I will happily draw:
✦ Anthro/furry, humanoid, fantasy, dragon, and Poke/Digimon characters
✦ Pride-themed pieces (including LGBTQIA+, neurodivergence, disability)
✦ Fat, muscular, beefy, extremely skinny, etc. characters - I'm happy drawing various body types
✦ Unique proportions, heavy scarring, amputated limbs
✦ Disabled characters, prosthetics, mobility aids, service animals
✦ Artistic nudity or suggestive themes, such as pinups
I will not draw:
✦ NSFW or overtly fetishistic art
✦ Unrealistically or extremely obese or muscular characters
✦ Offensive humor or hateful themes
✦ "Draw-overs" of photos or selfies, although meme-drawovers are accepted as included in my "PWYW" commission option
✦ Portraits of real people, unless you have an illustrated reference I can work with
✦ Requests to emulate a specific art style
✦ Commission Contract ✦
Overview
This Commission Contract's ("contract") purpose is to outline binding terms between Max Hamilton Arts (operator of Dracononite, "me/my," "I"), and users of my Services ("you," "client") that purchase custom illustration commissions ("commission," "art," "artwork") from me.
By entering into a commission contract with me, you state that: 1) you agree to my [Art Terms of Service] and [Legal Terms and Privacy Policy], 2) that this contract is legally binding, 3) that you are an adult 18 years or older, and 4) that you understand this contract applies per each piece of commissioned artwork, and does not establish an exclusive work relationship.
I reserve the right to update this contract at my discretion. Changes to this contract will be effective immediately upon posting the updated terms, and will apply to all commission contracts going forward.
I reserve the right to refuse to enter a contract and to cancel active contracts at any time.
I am required by law to apply sales tax to my Services. Listed prices of commissions do not include sales tax. The North Carolina sales tax rate is 7%.
Commissions include specific permissions of usage. You can find these outlined in my [Art Terms of Service]!
Payment Terms
Payment for commissioned artwork is accepted via invoice through Paypal or Stripe. I accept USD, including currency conversions. You will need to provide your Paypal or Stripe email for invoicing.
Payment must be provided upfront and completed in full before I begin working on your commission. Payment plans may be discussed per client, in which I will require a downpayment of at least 25% of the total price (including sales tax) and may not exceed a month-long (four week) timeframe.
If payment is not received within: ten days of invoicing for single-payment contracts, or by the agreed-upon deadline for payment plans, then the commission contract will be canceled and your slot revoked. Any payment sent for payment plans will be refunded as soon as I'm able.
Private commissions, major edits in later stages of the commission process, and deadline requests will each enact an upcharge of 30% the quoted price.
Commission Process
A clear visual reference of the subject(s) is required for illustration work - written descriptions and "patchwork" refs are accepted for design work only.
I am happy to work with creative freedom, but if you have particular details in mind for the commission such as pose, outfit, background, etc. please feel free to provide a summary of your ideas either when you first reach out to commission me, or when I ask if you have any requests.
Works-in-progress will be sent to the client throughout the commission process for approval and edit requests. You are allowed to ask for updates and changes at any time. I offer one free total re-sketch of a commission at the sketch stage, after which major edits will enact an upcharge.
"Redlining" or drawing over a work-in-progress by the client is acceptable to show specific edits, however please keep in mind that you are commissioning me for my art style. I do not accept requests to emulate particular art styles for commission work.
Turnaround time for most commissions is estimated between 1-3 months, with consistent communication expected throughout from both parties. Clients will be notified of any major delays in turnaround time. I work Monday-Friday with varying hours, and will usually not check or answer business correspondence on weekends. You must notify me of any deadline requests upon initial discussion of a commission.
A Commission Contract is completed upon the approval of the finished commissioned artwork by the client, and the transfer of all pertinent artwork files.
Cancellation Terms
Cancellations may be requested by the client or issued by me at any time during the commission process. Cancellation of a contract will include a refund of payment. A 'kill fee' will be deducted from the issued refund equal to the amount of work already completed, as seen below:▷ Not started: client will receive a complete refund
▷ Sketch: client will receive a refund of 70% the total price
▷ Lineart/Color/Render: client will receive a refund of 30% the total priceNo refund will be issued if the commission has been completed. Tips are non-refundable. Clients will not be granted usage permissions to any commissioned artwork which contract has been canceled, no matter the state of completion.
Art Terms of Service
All artwork and media created by me, Max Hamilton, is subject to copyright protection under law. I retain intellectual property rights and/or artist rights over all of my works. Copyright infringement upon my works will be met with legal action. Claiming credit, artwork ownership, or copyright over my work is strictly prohibited. I reserve the right to make changes to these Terms of Service at any time, which will be effective immediately upon posting the updated terms.I do not allow the personal or commercial use of my works as a whole. This includes but is not limited to: the use of my works as an avatar, profile pictures, or headers on social media; the use of all personal / original characters owned by me and all artworks and media attached to them whether or not created by myself; the use of my business name, brand identifiers or logoworks; tracing, editing, printing or otherwise transforming my artwork; cropping out, drawing over, or erasing my watermarks and signatures; use of the photos and mockups of my works both digital and physical; any and all use of my works in an attempt to pose as me, perform scams, or use in hateful or offensive ways. Unauthorized use of my works will be confronted either personally or legally, depending on the severity of the transgression.I do not consent to any artwork or media created by me being used in or related to in any way, the technologies and market of: AI art generation, any and all cryptocurrencies, or NFT / blockchain-related technology.No depictions of copyrighted or trademarked brand names, merchandise, logoworks and other media in my artwork are intended as copyright infringement, commercial use, implication of ownership, or slander. Appropriate and creative measures are taken to avoid copyright infringement on others’ work and to creatively transform said work as necessary for fair use. Depictions of copyrighted work within my artwork is intended as a means to positively engage with said work, such as with “fanart.” The sale of artwork containing copyrighted work is not intended to infringe upon or damage the market for or value of the copyrighted work.
Commissioned Artwork Permissions
I retain artist ownership rights over all commissioned artwork, and may freely use commissioned artwork to display as examples in my portfolio, post in online and social media galleries, and advertise my business.
You may request that your commissioned artwork remain private and unposted upon commissioning me, or deleted/removed from my websites and connected medias at any time after (both of these will require a fee equal to 30% the commission’s initial quoted price price.)
I will not use artwork commissioned from me by clients as branding, as social media identifiers like avatars and headers, to create merchandise or physical products, or to resell/redistribute in any way. I will not claim ownership over any subjects or characters depicted in the artwork. I will not intentionally share the full resolution and/or unwatermarked files in a way that permits their download, nor will I provide anyone other than the client with these files or the source / layered art files if requested.
Clients may freely use artwork they have commissioned from me for personal use, which includes but isn’t limited to: use as social media avatars and headers, personal printing of the artwork in small quantities, displaying or posting of the commissioned piece on the client’s social media, galleries, or character profiles.
Commercial use of commissioned artwork is not permitted without first directly discussing with me either beforehand or after commissioning me. I will require the purchase of a commercial licensing fee in all cases, the price of which may vary between artworks and clients, and may include the addition of artist’s royalties, depending on the intended commercial usage of the art.
Commercial use includes but isn’t limited to: use of the artwork in branding and advertising; as stream graphics and emotes in which the client is collecting revenue or payment through sale, subscriptions, or donations; printing of the artwork as physical copies or merchandise for sale.
Resale or transfer of commercial rights to the commissioned piece must be discussed with me by both parties involved in the transaction, in which case the commercial licensing fee and/or artist’s royalties must be renewed by the recipient.
All commissioned artwork must be credited to me in some way that is visible near the artwork being used, such as the inclusion of my username ‘Dracononite.’ Credit for personal use is appreciated as a username plug on social medias or artist’s credits on Toyhouse. Credit for commissioned artwork must include a username plug and a link back to my website, [dracononite.art].
Character Design Permissions
I retain artist ownership rights over all character designs created by me including “custom designs” and “adoptable designs”, and may freely use the artwork to display as examples in my portfolio, post in online and social media galleries, and advertise my business.Full personal and commercial rights to a character design are included upon purchase of the design and the transfer of the character’s artwork files and/or Toyhouse profile to the recipient, whether it be the buyer or giftee. This includes both commissioned custom designs and pre-made adoptable designs. No additional commercial license fee will be requested as it is implied to be included in the initial agreed-upon price of the design.Owners of my character designs...
MAY: Edit the design in any way you wish. Editing over my original artwork is allowed only for personal use and reference, and does not permit future commercial use of the edited artwork. If you buy a design directly from me, I can make requested edits to the design within reason for a small fee.
MAY: Sell, trade, or gift any of my designs at your own discretion. Personal and commercial rights to the character are included upon transfer unless otherwise agreed upon. I will not settle ownership disputes.
MAY: Obtain a design of mine with the intention of resale with the creation and inclusion of original, additional artwork. This includes pre-made fursuits, plushies, etc. If you have questions about this in particular, feel free to reach out and discuss!
MAY NOT: Use my original artwork of the design commercially or for profit. If you would like to use my artwork of the character design commercially, you may commission me for new artwork which will include a commercial license fee and/or artist’s royalties.
MAY NOT: Create a “species,” including open / nonprofit or closed / for-profit, based on that character design or its unique traits, without explicit permission from myself.
All character designs created by me must be credited in some way. This can be as simple as designer credits on Toyhouse or the inclusion of my username ‘Dracononite’ as credit with the sharing or posting of my original artwork of the character design. Any subsequent artwork of the character (such as artwork from owners or other artists) does not have to include credits to me as the designer.
Lineart Bases & Digital Resources Permissions
Works created by me must be explicitly stated by me as being “bases”, “base linearts”, or otherwise purchaseable / downloadable digital content for these permissions to apply. I only sell / post digital resources on my [Patreon] (and the connected Discord server) and [Ko-fi Shop].
By purchasing digital content from me, you are stating that you have read over and agreed to these outlined permissions.
Reselling or otherwise redistributing any source files of my work is strictly prohibited, including if they are edited, traced, or otherwise transformed.
Claiming whole credit, artist ownership, or copyright over my digital resources or artwork made using them is prohibited. Character designs made on my bases are the only exception, barring the artwork made using my work.
Commercial use of any and all digital resources created and distributed by me is prohibited. This includes but is not limited to use as branding and advertising, and printing as merchandise or for resale.
Lineart bases may be used for both personal use and profit, unless they are available for free, including creating character designs both for personal use and as adoptable designs for sale, custom design commissions, and “YCHs” / “your character here”s.
Downloadable resources outside of lineart bases may not be used for profit in any way.
Purchasers of my digital resources may edit them in any way and as much as you like, as long as the artwork remains free of sexually explicit or hateful material.
All digital resources must be credited to me by the inclusion of my username ‘Dracononite’ if in any way used for profit, or otherwise shared or posted online. For lineart bases, please do not link my account in the artist credits on Toyhouse - simply putting my username in the image description is enough. If you advertise adoptables made on my lineart bases online, feel free to tag me in the post!
Privacy Policy
✦ updated June 2024 ✦
Max Hamilton Arts (“we” or “us” or “our”) is dedicated to the protection and privacy of all users (“you” or “your”). This Privacy Policy outlines how we collect, store, and use your personal information when you use our services, such as: visiting our websites (“Site/Sites”) and connected media, making purchases from us, and engaging with us in related ways such as marketing and sales, communications, and events (the “Services”).Users are encouraged to read this Privacy Policy carefully and to review these terms periodically for updates. We reserve the right to make changes to this Privacy Policy at any time. Users will be notified of these updates via the “last updated” date above, and you waive the right to receive specific notice of such change. Changes to this Privacy Policy will be effective immediately upon posting the updated terms.By using and accessing any of the Services, you agree to the collection and use of your information as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not access the Site or use our Services.
Collection of Your Information
When you visit our websites or use our Services, we may process your information, including personal and sensitive information, both that you voluntarily provide to us when using our Services or contacting us directly, and that is collected by the Site. The information we collect about you includes:
✦ Personal information such as your name, username, email address, shipping address, and contact preferences.
✦ Order and payment information such as items you view, items you add to your cart, your billing address, your billing email, and payment confirmation.
✦ Financial information related to your payment method such as credit card number, brand, and expiration date, may be collected. Please review the privacy policies of our payment processors Paypal, Stripe.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information if necessary for us to provide our Services.
Use of Your Information
Processing your information allows us to provide and improve our Services and to comply with law. We may use information collected about you via the Site to:
✦ Fulfill and manage purchases, orders, and payments
✦ Provide Services and perform contracts with you
✦ Process payments and refunds
✦ Offer customer support and respond to user inquiries
✦ Send you email newsletters
✦ Advertise to you our Services including new products, recommendations, promotions, coupons, and events
✦ Notify you of updates to the Site
✦ Compile anonymous statistical data for internal and third-party use
✦ Prevent fraud, monitor against theft, and protect against criminal activity
We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law. When we no longer require your personal information for legitimate business, we will delete, anonymize or securely store and isolate your personal information until deletion.We take all measures possible to keep your personal information safe. However, please be aware that no measures of security are completely perfect, and any information disclosed online is vulnerable to interception and misuse by unauthorized parties. We cannot guarantee complete security of the personal information that you provide to us.
Disclosure of Your Information
We may disclose your information to third parties for legitimate purposes subject to this Privacy Policy. Your information may be disclosed:
✦ With vendors or third parties that perform services for us on our behalf, such as payment processing, data analysis, customer support, fulfillment and shipping, email delivery, and marketing.
✦ With our affiliates in order to facilitate necessary business transactions, in which case we will require those affiliates to honor this Privacy Policy.
✦ With business partners, to offer you certain products, services or promotions.
✦ During business transfers or negotiations including mergers, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
✦ With international third parties in the event that you are located outside of the United States and/or use a service based outside of the United States to do business with us.
✦ By legal obligation - we may be legally permitted under applicable law to process and share your information without your consent.
Cookies & Third Party Tracking
Cookies may be used to collect and store your information to maintain the security and basic functionality of our Sites and Services. You have the right to decide whether to accept or reject cookies and may do so by setting your preferences in the Cookie Consent Manager, although your access to some functionality and areas of our website may be restricted. Visit your browser’s help menu for more information on how to manage cookie controls.We also permit third parties and service providers to use online tracking technologies on our Services for internal and third party analytics and advertising.Our websites may contain links to third parties which have privacy policies, cookies, and tracking technologies outside of our control or authorization.
Children's Information Policy
Our Site and Services are not marketed to children under 13 years of age. If we learn that personal information of any children under 13 has been provided to or collected by us, we will promptly delete such data from our records.
Your Privacy Rights
As a user of our Sites and Services, you have rights under certain data protection laws. You have the right to:
✦ Know whether or not we are processing your personal data
✦ Access and obtain a copy of your personal data
✦ Correct inaccuracies or provide updates to your personal data
✦ Request the deletion of your personal data from our records
✦ Withdraw your consent, whether it be expressed and/or implied, to the processing of your personal information
We will consider and act upon any request in accordance with applicable data protection laws, and will need to verify your identity to do so, which may require us to request additional information for the purposes of verifying your identity. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.
Contact
If you have questions or concerns about this Privacy Policy, you may contact us at:
[email protected]This Privacy Policy was created using Termly.
Legal Terms
✦ updated June 2024 ✦
Overview
This website is operated by Max Hamilton Arts. Throughout the site, the terms “we”, “us” and “our” refer to Max Hamilton Arts. Max Hamilton Arts offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Legal Terms”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Legal Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.Please read these Legal Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Legal Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or use our sites and services. If these Legal Terms are considered an offer, acceptance is expressly limited to these Legal Terms.Any new features or tools which are added to this website shall also be subject to the Legal Terms. You can view the most current version of the Legal Terms at any time on this page. We reserve the right to update these Legal Terms at our discretion, including changing or replacing any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.Our website is hosted on Carrd. They provide us the site creation platform that allows us to curate our portfolio and sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Legal Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications so the Service and Prices
Prices for our products and services are subject to change without notice.We reserve 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.
Section 5 - Products or Services (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.For more details, please review our Refund Policy below.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We 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 also be subject to these Legal Terms.
Section 8 - Third-Party Links
Certain content, products and Services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Legal Terms.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed below.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Legal Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Max Hamilton Arts, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Max Hamilton Arts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Legal Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Legal Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Legal Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Legal Terms are effective unless and until terminated by either you or us. You may terminate these Legal Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Legal Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision.These Legal Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Legal Terms).Any ambiguities in the interpretation of these Legal Terms shall not be construed against the drafting party.
Section 18 - Governing Law
These Legal Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
Section 19 - Changes to the Legal Terms
You can review the most current version of the Legal Terms at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Legal Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Legal Terms constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Legal Terms should be sent to us at [email protected]