Terms Of Service
Before starting a project, we need to make sure we are on the same page so there aren't misunderstandings and to protect against fraud, so please take some time to read through these terms! Thank you.
This agreement is between I, the Artist, and you, the Client, for work services performed on a project known as the Work.
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I. Disclaimer/General:
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I, the Artist, have the right to refuse projects and requests according to my discernment and capabilities.
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I, the Artist, warrant that the Work will be my original work performed to the best of my ability.
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The Work is a digital service, and so it doesn't require any shipping.
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The Artist reserves the right to refuse a commission without reason or explanation.
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Terms and conditions are subject to change to protect myself and the commissioner from harm.
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Inappropriate/aggressive behavior of any kind will not be tolerated. Should this or a breach of the Terms of Service occur, the artist may stop or cancel the commission.
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Poor communication may also be grounds for stopping the commission.
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The client must read, understand, and agree to all the terms. By continuing with the Work and going forth with the payment, the client has agreed to the above terms.
II. References and Editing:
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Image references only are accepted. Text references are not accepted unless you are buying a custom design.
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The customer is responsible for having clear references and clear details and descriptions so that the artwork is accurate.
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The artist will make edits to the work after completion if I made a mistake. Edits that are due to the customer being unclear may require a fee.
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If the artist has not started the artwork client may edit their commission request.
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Do not edit the artwork without the artist's permission.
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Do not remove the artist's signature.
III. Payment/Prices
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All prices are in USD.
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Prices are subject to change according to size, complexity, and/or detail of the piece at the discretion of the artist.
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Full payment takes place immediately after the artist accepts the commission.
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Invoices are required to be paid in full after 48hours of sending them unless discussed prior to the invoice being sent.
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Individual payment plans can be made after the $100 threshold.
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A group commission must be paid for by 1 (one) person in order to avoid complications and miscommunications.
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If the commission is needed by a specific deadline that is communicated to the artist in advance, the artist may apply a fee at their discretion.
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Final prices stated by the artist are non-negotiable.
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The artist will not begin until after payment.
IV. Process/Deadline/Communication:
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The client must provide clear and concise references/descriptions of their character(s) in order to avoid confusion.
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Any written text or communication must be in English (or the artist’s preferred language).
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Quotes may be provided at the client’s request. They do not represent the final price. They are only an estimate at the time of sending and can be changed at any point in the future at the artist’s discretion.
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Clients may request changes during the sketching process. Changes applied after this check-in may require an extra fee based on the nature or complexity of the change.
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The final commission piece will be sent through email or the platform of the client’s choice in order to receive the full quality image.
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The platform for communication must be established in advance so that both the client and artist can have a reliable line of communication, whether it be over email, instant messaging, etc.
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Allow up to 2 months for commission turnaround.
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Check the Queue to see the artist's current progress with your commission.
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The client may ask for progress/status on their commission.
V. Rights:
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The commissioned piece may NOT be used for commercial purposes and cannot be redistributed or reproduced. The client may NOT make any profit off of the piece, which includes but is not limited to digital prints, physical items, etc. unless the artist gives explicit written permission.
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Commercial use and any fees included with it must be communicated with the artist in advance and have the artist’s full consent.
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The commissioned piece and any form or part of it may NOT be used for any blockchain-related technology ( i.e. NFTs, cryptocurrency, or future inventions in the space ).
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You may not reproduce or alter the image in any way, no matter how unrecognizable it may become, for use in any NFT related purposes. No derivatives of the commissioned piece may be made into/minted/sold as NFT.
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This also applies to any designs/commissions in the past and future from the artist to any and all clients.
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My work is not intended for, and cannot under any circumstances be used to train AI for the purpose and the creation of ''generated images'' Doing so will permanently revoke your rights to the work. By purchasing or obtaining my work through other means: You agree that you will not create or participate in any machine learning models with my work.
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The following is considered copyright infringement;
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Using my work in any form to train AI or Machine Learning Models for the generating of Images.
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My work may not be used in any AI related technology or future inventions in that space.
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Should the client decide to change or adjust the commissioned works through the
use of machine learning or derived technologies, or create derivatives of the
commissioned works through the use of machine learning or derived technologies,
I will consider this an automatic purchase of exclusive rights and charge the
standard fee per artwork. Please inquire about the exact fee for your commission
in advance. -
The artist retains all rights to the piece of artwork itself, including the right to make any merchandise. This must be communicated with the client in advance and have the client’s full consent.
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Removing any artist signatures/watermarks is a violation of these terms.
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The artist retains the right to crop, edit, or alter the image for promotional use.
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The artist does not claim any rights to any intellectual property or the character(s).
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The client may not alter or edit the piece of artwork itself unless agreed upon by the artist.
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If permission has been obtained from the artist, the piece may be reposted to their platforms of choice so long as full credit is given to the artist.
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The client may not claim the commissioned piece as theirs in any way, shape, or form.
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The artist is not responsible for providing the client with a physical object, print, merchandise, etc. of the artwork unless agreed upon in which a fee may be applied.
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The client may print a copy of the commissioned artwork for personal use if provided with written consent by the artist. It may not be redistributed or sold in any way
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The art may also be used by the client as icons, wallpaper, and other decoration with proper credits to me.
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The artist reserves artistic rights over the artwork.
VI. Refund Policy:
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Payment can not be canceled without discussing with the artist.
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If the client wishes to cancel the commission before payment, there are no repercussions. The commission will be canceled and no further action needs to be taken.
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If the client wishes for a refund before beginning any work, a full refund will be provided.
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If the client wishes for a refund after beginning any work, a percentage of the refund will be provided at the artist’s discretion based on how much work is done.
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If the client wishes for a refund after the commission is completed, no refund will be provided.
VII. Other:
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The Client may post the artwork elsewhere but always credit and link back to the artist on one of their sites.
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By providing the client with a line of communication to the artist, the client agrees to act in a professional manner.
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The client may not redistribute the artist’s contact in any way unless agreed upon by the artist in advance.
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Should any terms of service be breached, or the artist incurs damages caused by the client, the artist reserves the right to either issue a takedown DMCA notice or pursue damages through the Copyright Law of the United States (https://www.copyright.gov/title17/)
Design T.O.S.
The following are additional terms that apply to adoptables and custom character designs by me.
All terms of service above continue to apply to the adopt/design.
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I. Disclaimer/General:
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This design and artwork is a digital good, and so it doesn't require any shipping.
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Terms and conditions are subject to change to protect myself and the commissioner from harm.
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Inappropriate/aggressive behavior of any kind will not be tolerated. Should this or a breach of the Terms of Service occur, the artist may stop or cancel the commission.
II. Payment
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Payment can not be canceled without discussing with the artist.
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No refunds are provided for adopts. They are final sale.
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Payment plans may be available for higher-priced adopts, if communicated with the artist in advance.
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Holds on an adopt may be made up to a week in advance unless discussed prior, after which the adopt will be made available for sale again.
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Upon sale, the full resolution image will be provided to the client through the platform of the artist’s choice.
III Trade/Sale:
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The client must notify the artist of the new owner.
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The design can only be resold for what you paid or lower. If the character comes with extra commissioned artwork then that price can be added on.
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Trading and gifting are allowed. But the design cannot be sold again after that point.
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Any theft or unfair trading will result in blacklisting.
IV. Editing:
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Minor edits to the adopt may be allowed if communicated with the artist in advance.
The design must be kept recognizable. -
Additional outfits and other details may be drawn on the artwork.
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Adopts may not be used for any copying, tracing, etc.
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Do not remove the artist's signature.
V. Rights:
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All adopts are non-commercial. The client may use the character for personal use and the artist must be credited as the creator of the design.
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Commercial use and any fees included with it must be communicated with the artist in advance and have the artist’s full consent.
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Adopts purchased may not be used for hate speech, racist propaganda, sexist propaganda, etc.
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The customer may use the artwork for personal use and personal display. The art may also be used by the customer as icons, wallpaper, and other decoration with proper credits to the artist.
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The artist reserves intellectual and artistic rights over the artwork and character design.
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The client may not claim the commissioned piece as theirs in any way, shape, or form.
VI. Sharing:
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The client may post the artwork elsewhere but always credit and link back to the artist on one of their sites.
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Only the customer and the artist have the rights to post the image.
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The artist has the right to post the image, use it in portfolios, and in other forms of publication. Please credit the artist as Creator on Toyhou.se for the design.