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-Terms of Service-
Last Updated: 5/17/2023

-Disclaimer-

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By purchasing my services (art), you automatically agree to the following conditions.
Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.


If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.
NFT usage and AI training is strictly forbidden.
If you have any questions, please contact me

User Agreement

By commissioning me, you agree that you have read and accepted all the terms described herein.
You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.


Violators will be added to my blacklist indefinitely and without warning.

Client

  • You, the Client will be expected to have read and agreed to the terms of service. If you have not I will refuse service.

  • You, the Client, may display my work on social media or otherwise external sites as long as it is visibly credited to myself. 

  • You may NOT claim my work as your own

  • You may NOT upload or host my work in any such gallery that is intended for your own work

  • You may use the Artwork for personal use, including but no limited to: Avatars, wallpapers, personal displays such as profile images on streaming sites (Twitch, Kick, Youtube, Discord, etc)

  • You reserve the right to print my work as long as it credited to myself, claiming my work as your own is strictly prohibited

  • You may NOT use my work for redistribution services unless already agreed upon- such agreement would entail I the Artist am due royalties to every purchase/sale of a product that was derived from my hand (i.e. T-shirts, mugs, flyers, stickers, patches, pins, bags, etc)

  • You are NOT authorized to change, modify, edit or use my works without my permission.

  • You are NOT authorized to trace over my Artwork in way, including the use of the art as a basis for your own creation

  • Any Harassment in attempt to bargain for a commission with not be tolerated. This includes inappropriate comments on any streaming/social media platform, DM's, Emails etc. Conduct of this manner will lead to an immediate placement on my blacklist

    • Harassment ​of the artist will also not be tolerated post commission request. Continued messages, bothersome remarks while artist is streaming, or in chat of another channel about the artist will not be tolerated. Conduct such as this will also lead to a blacklisting.

  • Clients who have commissioned and/or received work before the creation of this TOS has gone into effect are still bound to its contents, by agreeing to payment for a creation you have automatically entered into agreement with this TOS. 

  • You the client are permitted to include signatures and/or watermarks indicating the Artwork is my own. Credit in some form is required. ​​

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By placing an order, you agree to all of the above stated terms and conditions. Please read carefully

Artist

  • ​ By commissioning me, you are purchasing my services as an artist ONLY

  • I reserve the right to post your finished works in my gallery for any reason

  • I reserve the right to decline any project or client for any reason 

  • By commissioning me you agree and understand there will be a non refundable deposit for my time and services 

  • I reserve the right to refuse services at any point during the creation process, at which point a refund will be made (All except the agreed upon deposit)

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-I will NOT create the following-

  • Elderly depictions, pedophilic depictions, Machine or Mecha depictions, and lastly anything that would make me uncomfortable/unsafe

Commercial Usage Agreement

  • If you the Client, wish to order a commission for commercial usage the total price of said commission, as well as royalties, must be agreed upon before any work begins

  • The following Cases are considered commercial use

    • Reproducing and selling the artwork, publicly or privately

    • Any situation in which you receive direct/ indirect profit from one of my artworks

  • Limited commercial rights are included on Vtuber Models and Twitch/ Kick related content.

  • All other commercial projects please contact me directly

Copyright

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  • I reserve the right to sign and/or watermark my own work. Any full res. image sent (by google doc or email) will have a watermark or signature, providing due credits to myself

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  • You are responsible for protecting your ownership over rights to a character design made by myself by adding your own signature the piece along side mine

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  • I retain all copyright over my work, including the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. 

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  • I retain the right to do as i wish with a public commission, however i will give proper credit to you for ownership of the characters design. 

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  • In the case of a commission, I will not claim the rights to a character design unless it was originally created solely by myself. Therefore I will not reuse/resell the Artwork for personal or commercial purposes, unless agreed upon prior.

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Privacy Request

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  • If you wish for your request to be private, it must be stated during the order process

  • I reserve the right to charge a fee for a privacy request 

    • In the request for privacy you can be assured the commission will not be shared on any streaming service or social media platforms. ​This also indicates that I will not be sharing updates with you, the Client.

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When would you request privacy? V-tuber/ Png-tuber models may want to be kept under wraps. 

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*The stated NDA fee will be 5% of the total quote. This price will vary depending on the commission request. *

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Commissions

Payment

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I am not responsible for reminding or interacting with you the Client for payment. 

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Do not send me any form of payment until the commission has been agreed upon 

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50% of the payment must be sent prior to beginning the commission. This is Non-Negotiable 

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25% of the commission payment is NON- REFUNDABLE. This is Non-Negotiable 

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If payment is not made in a timely manner (72hr) or if you are a "No Show" for payment on a agreed upon date, your commission will be cancelled and you will need to start the process again.

 

You are not guaranteed certain placement on a waitlist, because you are able to pay more and sooner than expected. First Come First Serve. 

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*3 strikes you're out*

Repeated accounts of commissioning a project and failing to pay will result in a blacklisting 

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Refunds

When can a commission be Refunded?

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The commissioner is HIGHLY DISSATISFIED with the commission 

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The commission is terminated by myself (except 25% as it is non refundable)

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I am not able to complete the commission by the agreed upon date

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When a refund CANNOT be refunded

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Commissions already being made

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Completed commissions

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The commissioner has neglected to provide feedback or acknowledge progress despite having updates sent 

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The commissioner has feigned satisfaction

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The commissioner has intentionally kept negative feedback and requests for correction to themselves 

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The commissioner needs money for other expenses not previously accounted for

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Please ensure you are keeping open communication if there is a malfunction with PayPal. 

Work Speeds & Deadlines

Your order requests with be reviewed within 2-5 business days of your initial inquiry

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You reserve the right to set a deadline for you commission. This deadline must be agreed upon prior to payment

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I have the right to decline a project if I feel I cannot meet the requirements of said deadline

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I am not subject to follow a deadline date if it is not communicated appropriately to me

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I am not responsible for late delivery due to failed communication on the clients part

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Harrassment over work speed will not be tolerated, conduct such as this may lead to a blacklisting

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I will work on commissions in the order in which they are received

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You reserve the right to be notified incase of any project delays

RUSH FEE

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Rush Fees are a minimum of +25% of the commission. Fees may vary depending on project and timeframe provided.

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An additional Rush to a project does not guarantee your order with be placed higher on my waitlist in the case of conflicting orders with similar request dates. 

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Dates provided for a Rush are subject to change depending on order with potentially conflicting dates 

 

Vtuber/PNG Tuber Model Orders

Please know what you wish for a commission prior to contacting me for both character designs as well as what you want your model to do.

(Expressions, Extra hairs, Additional Part) 

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Initially quoted prices for models are subject to change due to complexity, for both PNG & Vtubers

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I refuse to work on another artist's vtuber model for fixes or touch ups at this time. 

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Finding another artist to create the character will not hinder rigging on my part, however if the character art is not sliced appropriately within a timely manner i will refuse the worki

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Waitlist 

While on the waitlist you are not to provide my any sort of compensation for a product i have not agreed to complete

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You have the right to cancel or withdraw from my waitlist as long as there has been no payments.

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As previously stated, there is a no harassment policy- I cannot guarantee how long you will be on the waitlist.

Revisions and Feedback

I will send a WIP (Work In Progress) photo after 100% of the commission payment is complete.

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Images will be in the form of either .jpg or .png either through emails Dm or Discord.

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It is your responsibility to ensure that I am provided with full details on the product you wish to receive. 

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I'm not responsible for any unsatisfactory portions of said product if there is no feedback provided.

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I will only send a WIP sketch for free, not a full WIP. 

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You are guaranteed 2 small detail corrections. However, you will need to make another HALF payment for a large revision or a FULL payment for a completely revised product. 

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With each WIP sent I kindly ask you provide me feedback.

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Changes will only be made during the sketching phase.

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In the absence of feedback from the client, you, any changes are subject to a fee

Final Product

There is no guarantee that the example products you see will be identical to the final product you receive. The product you receive will be based solely on the information you provide me

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You must understand that all works will be made in my own style. I will not Copy another artists work or style for my own gain. Requesting such may result in a blacklisting based on the scenario.

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I reserve the right to reject nonconstructive critiques as well as negative commentary on my own personal style. You are seeking me out for my art style.

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Credit to me, the Artist, is requested when you post or use the art product on or in another platform.

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You, the Client, are responsible for saving any information, images, and other digital data that i have provided to you. 

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Any file you paid for will be available from me for a finite time frame, not exceeding 30 days from the due date we have agreed upon. However, I cannot account for potential loss of files. If this happens, I will not be able to resend you work i have already created and sent.

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Feedback of the final product is permitted after completion of the piece, though private messages or comments.

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Any inappropriate, derogatory, or otherwise nonconstructive may result in a blacklisting. 

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