Terms of Service

Last Updated January 2025

Welcome to Cover Art Market

The following terms of service govern your access to and use of the Cover Art Market web site and mobile applications and other related applications (the “Service”) including any content, functionality and services offered through www.coverartmarket.com.  Cover Art Market, LLC is collectively referred hereto as "Cover Art Market”, “CAM", "us", "we", or "our”. As used herein, the term "you" or "your" or “user” refers to an individual representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING OR USING THE SERVICE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.  

Overview: Cover Art Market operates an on-line platform where a user (collectively “Recording Artists”) purchases cover art or other service from a user (collectively known as “Designers”).

Definitions:
“Content” means any artwork, images, text, designs or other materials uploaded by Designers to the Service.
“Designer” means any user who uploads Content to the Service for sale.
“Recording Artist” means any user who purchases or licenses Content through the Service.
“Service” means the Cover Art Market website, mobile applications, and any related functionality or services.
“AI Content” means any Content generated in whole or in part by artificial-intelligence tools or platforms.

Age requirements for use of the Service: You must be at least 18 years old to register for or use the Service. Users who are 16 or 17 years old may use the Service only if they have obtained written consent from a parent or legal guardian. Anyone under 13 years old is strictly prohibited from using the Service. If we discover that an account was created by a user under 13, we will terminate that account immediately. If you are between 13 and 17 years old, you should review these Terms with your parent or guardian to ensure you both understand and agree to them.

Payouts, Fees, Refunds:
Designer Commission: Designers receive the remaining 80% of the sale price of the sold cover(s) net of any platform wide discounts (“Designer Payout”). Designer Payouts are Mondays before midnight CST via PayPal. Taxes. All fees and commissions are stated exclusive of applicable taxes. You are responsible for reporting and remitting any sales, VAT, GST or other taxes due in your jurisdiction. Fees: Cover Art Market charges a per order processing fee of $3.99. Refunds: We offer a no-hassle for any reason refund policy. To request a refund, email us at support@coverartmarket.com and include your order number, specifying whether you want a refund to your original payment method or store credit. Refund requests submitted after the 48-hours of delivery are account or store credit. Please note that any processing fees are non-refundable. Refunded premade covers will be put back up for sale. As a condition of the refund, you must delete the completed cover and are prohibited from using it for any purpose. If a refund is granted, the corresponding Designer Payout will be reversed in full. Designers must repay any amounts already disbursed; CAM may deduct such amounts from future payouts.

Content: The Website offers a wide selection and variety of content to our members and users. Content may contain profanity or otherwise inappropriate or offensive material for children and/or users. Users must evaluate and bear the risk associated with the use of the Website and related services. Users are also encouraged to contact Cover Art Market for evaluation of possible offensive material. Cover Art Market reserves the right to act on such notices at its sole discretion.

Recording Artists (Licensee) has the unrestricted right to use and exploit the image provided by Designers (Licensor) for any purpose, in any media, throughout the world. CAM does not condone use of the image in any pornography, violence, hate speech or bullying. Exclusive rights belong to the Recording Artist in perpetuity and the image will no longer be available on coverartmarket.com or directly through the Designer(s). License is not transferrable or sub-licensable. Recording Artist (Licensee) is free to edit, alter, add type face/font and/or animate image without limitation or restriction.

Designer represents and warrants that they own (or have secured all rights to) the Content and that the Content does not infringe any third-party rights, including but not limited to copyrights, trademarks, trade secrets, or rights of publicity or privacy.

CAM hereby grants to Cover Art Market a worldwide, non-exclusive, royalty-free license to display, market, archive, and distribute all uploaded Content both before and after sale, solely to operate and improve the Service.

With respect to Content generated by artificial intelligence (AI) (“AI Content”), the Licensor represents and warrants in the terms of service that such AI Content is permitted for commercial use and further agrees (i) not to use AI-generated content prompted by phrases such as "in the style of [another designer's or artist's name]." (ii) AI-generated Content must include additional design elements beyond the AI-generated image.  The Licensor assumes sole responsibility for the AI input used to generate such Content and warrants that no AI input contains materials protected by third-party intellectual property rights unless the Licensor has secured the necessary rights to such materials. Furthermore, the Licensor shall not submit AI-generated content that is substantially similar to any third party’s copyrighted work without sufficient rights to that work. AI-generated Content may not be eligible for copyright protection. To view the exclusive license agreement for cover art between Licensee and Licensor, click here. 

Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Cover Art Market's express prior approval, contains advertising or any solicitation with respect to products or services.

In addition, if we feel that a user abuses the Cover Art Market site in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Cover Art Market reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification.

You agree that you will not: (a) use false or deceptive identities, names or accounts; (b) deploy or otherwise use bots, malware, viruses or scrapers; (c) engage in any activities that are designed to defraud or game Cover Art Market or third parties; or (e) deploy, or permit any third party to deploy, any technology on, or in connection with, Cover Art Market, systems or services that can enable the tracking of site or service activities or users except with Cover Art Market prior express written approval. 

Copyright and Trademark Infringement Policy: Cover Art Market does not own the artwork or other written or visual images (collectively, the "Content") posted by third parties to the Website. All Content is posted by an individual, group or company (collectively, the "Designers") who has represented and warranted to Cover Art Market that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the "Name") infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. Designers shall indemnify and hold Cover Art Market, LLC harmless from any loss, damages, or expenses arising from or relative to any claims to the contrary. Designers, by uploading cover art, acknowledge and agree with our terms and conditions and CAM Cover Specifications.

Cover Art Market does not check Designers uploaded/created content for violations of copyright or other rights. However, if you believe that your copyrighted work has been copied and is accessible on Cover Art Market in a way that constitutes copyright infringement, please provide us with a written notification at support@coverartmarket.com containing 1- Identification of the copyrighted work claimed to have been infringed, including the title, author, and any registration number (if available) 2-Identification of the material on Cover Art Market claimed to be infringing, with sufficient detail for us to locate it (e.g., precise URL or item number). 3-Your contact information, including: Full legal name, Mailing address, Telephone number, Email address 4- A statement, under penalty of perjury, that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 5- A statement that the information in the notification is accurate, and that you are the copyright owner or authorized to act on behalf of the owner. 6- Your physical or electronic signature (e.g., typed name or scanned signature).

Upon receipt of a proper notice, Cover Art Market will: 1-Promptly remove or disable access to the allegedly infringing material 2- Notify the user who posted the material that we have removed or disabled access, and provide them with a copy of your notice 3- Inform you that the content has been taken down.

A Designer whose content has been removed may submit a counter-notice if they believe the removal was in error. A counter-notice must Include 1- Identification of the removed material and its location before removal  2- A statement, under penalty of perjury, that the user has a good-faith belief the material was removed or disabled by mistake or misidentification. 3-The user’s name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court for their residence. 4- Physical or electronic signature of the user. Send counter-notices to support@coverartmarket.com. Upon receipt, CAM will: 1-Forward the counter-notice to the original complaining party 2-Inform you that we’ve received a counter-notice 3- Restore the material within 10 business days, unless the complaining party files a lawsuit seeking a court order to keep the material offline.

Cover Art Market reserves the right to terminate the accounts of users who are repeat infringers. We define a repeat infringer as a user who has been the subject of more than one valid DMCA takedown notice. We may also delete any content or files alleged to be infringing in appropriate circumstances.

Nothing in this policy constitutes legal advice or creates any liability for Cover Art Market. This policy does not affect your statutory rights under the DMCA or other applicable law.

Warranty Disclaimer: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COVER ART MARKET INC MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, COVER ART MARKET INC MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. COVER ART MARKET INC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL COVER ART MARKET INC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold Cover Art Market and the employees, officers, directors, shareholders, agents, representatives of Cover Art Market, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Cover Art Market, any third-party providers or sources of information or data and legal advisers (collectively, "Cover Art Market Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Cover Art Market that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Cover Art Market Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL COVER ART MARKET BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF COVER ART MARKET WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan between Michigan residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Michigan, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Cover Art Market's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Marketing Communications: By providing your email address and phone number during the registration or purchase process, you automatically opt-in to receive email and SMS marketing communications from Cover Art Market These communications may include promotional offers, updates, newsletters, and other information related to our products and services. You have the right to opt-out of receiving these communications at any time. To opt-out, you can (a) Click the "unsubscribe" link provided in any email communication you receive from us (b) follow the instructions provided in any SMS communication you receive from us (c) contact our customer service team at support@coverartmarkt.com and request to be removed from our marketing list. Please note that opting out of marketing communications will not affect your receipt of transactional communications related to your purchases, such as order confirmations and shipping notifications.

Privacy, Data Protection & Cookies Policy: By using the Service, you consent to the collection and use of your information as described herein.
Information we collect: Account information: name, email address, password, billing/shipping address, phone numberTransaction details: payment method, order history, invoices. Designer submissions: cover-art files, design specifications, portfolio links. Communications: messages, support tickets, feedback. Automatically Collected Data Usage data: pages viewed, links clicked, time stamps, referral URLs Device & browser data: IP address, device type, operating system, browser version, screen resolution. Cookies and Tracking Technologies: Session cookies: to keep you logged in as you navigate the site. Persistent cookies: to remember your preferences (language, currency). Analytics cookies: to measure site performance and traffic patterns. Advertising cookies: to show you relevant marketing and re marketing ads.

How we use your information: We process your data for the following purposes: Service Delivery: create and manage your account; process orders; deliver digital files. Customer Support: respond to inquiries; process refunds or disputes. Platform Improvement: analyze usage patterns; test new features; troubleshoot issues. Marketing & Promotions: send newsletters, special offers, and personalized recommendations (only with your consent. Legal Compliance & Protection: prevent fraud; enforce our Terms of Service; respond to lawful requests

Legal basis for processing: Performance of Contract: to fulfill your orders and provide the Service you requested. Consent: where you have opted into marketing communications or non-essential cookies. Legitimate Interests: to operate, secure, and optimize our platform (e.g., fraud prevention, analytics). Legal Obligation: to comply with applicable laws and court orders

Data sharing & disclosure: We do not sell your personal data. We may share your information with: Service providers: payment processors, email-delivery vendors, analytics platforms, hosting providers—strictly to perform services on our behalf; Affiliates & partners: only where necessary to deliver requested features (e.g., printing or licensing partners); Legal authorities: to comply with subpoenas, court orders, or to protect legal rights; Business transfers: in the event CAM is merged, acquired, or sold, subject to confidentiality protections. All third parties are contractually bound to handle your data in accordance with this Policy and applicable data-protection laws.

Your rights & choices: Depending on your jurisdiction, you may have the right to: Access: request a copy of personal data we hold about you. Correction: update or correct inaccurate or incomplete data. Deletion: ask us to erase your personal data (subject to legal exceptions). Restriction: limit how we use your personal data. Portability: receive your data in a structured, machine-readable format. Object: opt out of direct marketing or profiling based on legitimate interests. Withdraw consent: for any processing based solely on your consent (e.g., marketing emails, cookies). To exercise these rights, please contact us at support@coverartmarket.com. We will respond within the timeframe required by law.

Cookies & Tracking Controls: You can control or delete cookies through your browser settings. You may also opt out of third-party advertising cookies by visiting youradchoices.com. 

Data Security & Retention: We implement industry-standard technical and organizational measures (encryption, access controls, secure servers) to protect your data. We retain personal data only as long as necessary to fulfill the purposes outlined above, or as required by law.

International Transfers: If you are located outside the United States, please note that your information will be transferred to, stored, and processed in the U.S., which may have different data-protection standards. We rely on appropriate safeguards, such as standard contractual clauses, to ensure an adequate level of protection. For questions or concerns please email support@coverartmarket.com.

Modification of Terms and Conditions: From time-to-time Cover Art Market may modify these Terms and Conditions in its sole discretion. When such modification is made, Cover Art Market will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Cover Art Market is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.