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Terms of Service
11 years ago
- G R O U P S -
Terms of Service:
-I have the right to refuse a commission, whether it be for the content or personal reasons or the idea/concept simply does not interest me.
-Commissioner understands I am not a perfect human being, I am not a machine that dispenses perfect art, an artists skill/quality can fluctuate depending on many variables such as mental health and physical health. Because of this I do tend to have a few gaps where art is either scarce or I simply don't have the motivation to create any at all.
-Commissioner will understand waiting time varies because art is created using the mind, and I want you to have the best quality I can conceive, therefore I do wait for art-blocks or stress-factors to pass before I get back into it. An artists best art is made when they are happy and motivated, I do not force myself to create art if I am having a rough patch.
-Commissioner understands that prices fluctuate depending on the character you want drawn. I'm not going to charge the same amount for a 4-head tall character compared to a cheetah-taur with warrior clothing. More details = a higher price.
-Commissioner understands a price is made for a reason, I do not add extra costs for no reason.
-Commissioner understands I still maintain rights to my artwork, I am allowed to use commissioned work for promotional purposes for myself (ex. your commission being used in an 'example book' at an art table at a convention.)
-Commissioner understands that I am very slow at times when it comes to art, depending on factors IRL. Sometimes I take only a few days to get a commission done, sometimes I take MONTHS. Whatever the wait time is however, I promise you WILL receive artwork no matter what unless you decide to ask for a refund AFTER a 3-month mark.
-If one wishes to have something done by a specific date, please understand I do not guarantee it will be done by that deadline. If a piece does need to be done no later than a specified date, a rush fee will be applied to the commission.
-Commissioner understands and agrees to all these rules upon commissioning me. No exceptions.
-Terms of Service subject to change
-Rights to the artwork will always be entitled to me unless expressed otherwise.
Proper Reference and Edits:
-A reference sheet/image is very crucial to getting details/colors right on a character. Please understand that references should have characters displayed in their 'ideal lighting', in which the characters are in their purest colors. If you present someone else's painted artwork or a photo-edit as a reference, please understand that those colors can be hard to interpret correctly as lighting and other factors can effect what the colors are perceived as. ARTISTS CANNOT READ MINDS, if something is UNCLEAR there is a HIGH CHANCE an artist will get something wrong.
-As a commissioner, you accept this and understand that if something is presented unclear, that you are not entitled to edits for your unclarity. If you really want something edited under these circumstances, a FEE will be charged. As a commissioner, you accept that you made a mistake by not giving the artist something clear to understand. You do not blame the artist for your mistakes. If you use an unclear reference, you suffer the consequences if an artist does not get it right.
IDEAL form of reference:
-a FLAT-COLORED image of the character (3-view or 2-veiw, at least 2 angles is normally the ideal for this. specific details of the character pointed out.)
NOT ideal references:
-References with SOFT SHADING. (unless a clear color pallete is placed next to it)
-Photography or photo-edited pictures.
-Fully rendered illustrations with dramatic/any lighting that effects the color of the character.
What Edits You Are Entitled to:
-If I forget a detail or get something wrong AND it is very clear in your reference images I WILL edit it. I will edit your image if it is a mistake on MY PART.
Payment:
-PAYMENT IS ALWAYS UPFRONT. If it is a huge commission (over $150), we can discuss payment plans however I DO NOT start work until a commission is FULLY PAID.
-PAYPAL.
-I do accept e-checks but work will not be started until the payment has been cleared on my end.
-Sometimes I might have offers to save money by buying me a plushie, shirt or something else for a commission, bring it up with me if you wish to discuss money saving options.
-IF YOU CANCEL PAYMENT THROUGH PAYPAL OR DO A CHARGEBACK YOU MUST CONTACT ME ABOUT IT. IF IT WAS AN ERROR ON YOUR END YOU MUST ALSO PAY THE CHARGEBACK FEE. FAILURE TO DO SO WILL RESULT IN BEING BLACKLISTED.
-If money is taken back and the commission is done, you no longer have the rights to use the commission in any way shape or form. You didn't pay for it therefore you do not own it, and I am allowed to use the image in any way I please wether it be to resell it or recreate it in one way or another.
Commissioning Guarantee:
If I do not get a commission done in a timely matter, or you feel you have been waiting for way to long, you are entitled to and WILL receive a refund. If work has already been started, it will be subtracted from the total to be refunded. The customer may also see the work that has been done in order to make the partial refund more clear. If the customer paid for color ($25) and asked for a refund at the inking ($15) stage, they would only get a partial refund of $10.
What you are allowed to do with your commission:
1.Upload to your FA gallery or any other gallery with credit
2. Hang it up on your wall all nice and pretty.
3. Use artwork for personalized goods FOR YOURSELF only. (ex. ironing on the artwork on a shirt for yourself, making it a laptop cover, etc.)
What you are Not Allowed to do with your commission:
1. Use my artwork to gain a profit. You are NOT allowed to sell copies of your commission, you are not allowed to put it on a t-shirt or other product to sell. If you are considering this YOU MUST CONTACT ME FIRST.
2. Trace the commission to create a 'base' for you or other people to color. My art is not your coloring book.
3. You are NOT allowed to resell my artwork (ESPECIALLY at a higher price). A commission is a piece of art created for someone personally, in no way should it be resold.
4. Edit my artwork without permission. I understand you might like my artwork and want to keep your character current so you feel the need to edit on a new marking or change a color and etc. Please ask first before doing so.
F.A.Q.
May I upload my commission to my gallery?
Yes. If the artwork was bought and made for you, you are free to post it wherever you wish! The only thing you are NOT allowed to do is claim you created it. Linking back is greatly appreciated. Please always include my username somewhere on your submission so that people can refer back to my artwork.
May I use my commission outside of FA?
Yes. You are free to post it in your gallery on another site, AGAIN as long as you do not claim you created it and credit me.
The commission I bought was a gift for someone else…They can use it right?
Yes. As long as it was made for them they are allowed to use it.
What does blacklisted mean?
Blacklisted means I will never accept a commission from you ever again.
Can I finish a piece you did for me or pay someone else to do so?
You may finish a piece for yourself as long as you ask me first. You may NOT pay someone else to finish my artwork for you and you may NOT let others pay you to finish it
TOS originally written by Gargoyale with some edits made by me
-I have the right to refuse a commission, whether it be for the content or personal reasons or the idea/concept simply does not interest me.
-Commissioner understands I am not a perfect human being, I am not a machine that dispenses perfect art, an artists skill/quality can fluctuate depending on many variables such as mental health and physical health. Because of this I do tend to have a few gaps where art is either scarce or I simply don't have the motivation to create any at all.
-Commissioner will understand waiting time varies because art is created using the mind, and I want you to have the best quality I can conceive, therefore I do wait for art-blocks or stress-factors to pass before I get back into it. An artists best art is made when they are happy and motivated, I do not force myself to create art if I am having a rough patch.
-Commissioner understands that prices fluctuate depending on the character you want drawn. I'm not going to charge the same amount for a 4-head tall character compared to a cheetah-taur with warrior clothing. More details = a higher price.
-Commissioner understands a price is made for a reason, I do not add extra costs for no reason.
-Commissioner understands I still maintain rights to my artwork, I am allowed to use commissioned work for promotional purposes for myself (ex. your commission being used in an 'example book' at an art table at a convention.)
-Commissioner understands that I am very slow at times when it comes to art, depending on factors IRL. Sometimes I take only a few days to get a commission done, sometimes I take MONTHS. Whatever the wait time is however, I promise you WILL receive artwork no matter what unless you decide to ask for a refund AFTER a 3-month mark.
-If one wishes to have something done by a specific date, please understand I do not guarantee it will be done by that deadline. If a piece does need to be done no later than a specified date, a rush fee will be applied to the commission.
-Commissioner understands and agrees to all these rules upon commissioning me. No exceptions.
-Terms of Service subject to change
-Rights to the artwork will always be entitled to me unless expressed otherwise.
Proper Reference and Edits:
-A reference sheet/image is very crucial to getting details/colors right on a character. Please understand that references should have characters displayed in their 'ideal lighting', in which the characters are in their purest colors. If you present someone else's painted artwork or a photo-edit as a reference, please understand that those colors can be hard to interpret correctly as lighting and other factors can effect what the colors are perceived as. ARTISTS CANNOT READ MINDS, if something is UNCLEAR there is a HIGH CHANCE an artist will get something wrong.
-As a commissioner, you accept this and understand that if something is presented unclear, that you are not entitled to edits for your unclarity. If you really want something edited under these circumstances, a FEE will be charged. As a commissioner, you accept that you made a mistake by not giving the artist something clear to understand. You do not blame the artist for your mistakes. If you use an unclear reference, you suffer the consequences if an artist does not get it right.
IDEAL form of reference:
-a FLAT-COLORED image of the character (3-view or 2-veiw, at least 2 angles is normally the ideal for this. specific details of the character pointed out.)
NOT ideal references:
-References with SOFT SHADING. (unless a clear color pallete is placed next to it)
-Photography or photo-edited pictures.
-Fully rendered illustrations with dramatic/any lighting that effects the color of the character.
What Edits You Are Entitled to:
-If I forget a detail or get something wrong AND it is very clear in your reference images I WILL edit it. I will edit your image if it is a mistake on MY PART.
Payment:
-PAYMENT IS ALWAYS UPFRONT. If it is a huge commission (over $150), we can discuss payment plans however I DO NOT start work until a commission is FULLY PAID.
-PAYPAL.
-I do accept e-checks but work will not be started until the payment has been cleared on my end.
-Sometimes I might have offers to save money by buying me a plushie, shirt or something else for a commission, bring it up with me if you wish to discuss money saving options.
-IF YOU CANCEL PAYMENT THROUGH PAYPAL OR DO A CHARGEBACK YOU MUST CONTACT ME ABOUT IT. IF IT WAS AN ERROR ON YOUR END YOU MUST ALSO PAY THE CHARGEBACK FEE. FAILURE TO DO SO WILL RESULT IN BEING BLACKLISTED.
-If money is taken back and the commission is done, you no longer have the rights to use the commission in any way shape or form. You didn't pay for it therefore you do not own it, and I am allowed to use the image in any way I please wether it be to resell it or recreate it in one way or another.
Commissioning Guarantee:
If I do not get a commission done in a timely matter, or you feel you have been waiting for way to long, you are entitled to and WILL receive a refund. If work has already been started, it will be subtracted from the total to be refunded. The customer may also see the work that has been done in order to make the partial refund more clear. If the customer paid for color ($25) and asked for a refund at the inking ($15) stage, they would only get a partial refund of $10.
What you are allowed to do with your commission:
1.Upload to your FA gallery or any other gallery with credit
2. Hang it up on your wall all nice and pretty.
3. Use artwork for personalized goods FOR YOURSELF only. (ex. ironing on the artwork on a shirt for yourself, making it a laptop cover, etc.)
What you are Not Allowed to do with your commission:
1. Use my artwork to gain a profit. You are NOT allowed to sell copies of your commission, you are not allowed to put it on a t-shirt or other product to sell. If you are considering this YOU MUST CONTACT ME FIRST.
2. Trace the commission to create a 'base' for you or other people to color. My art is not your coloring book.
3. You are NOT allowed to resell my artwork (ESPECIALLY at a higher price). A commission is a piece of art created for someone personally, in no way should it be resold.
4. Edit my artwork without permission. I understand you might like my artwork and want to keep your character current so you feel the need to edit on a new marking or change a color and etc. Please ask first before doing so.
F.A.Q.
May I upload my commission to my gallery?
Yes. If the artwork was bought and made for you, you are free to post it wherever you wish! The only thing you are NOT allowed to do is claim you created it. Linking back is greatly appreciated. Please always include my username somewhere on your submission so that people can refer back to my artwork.
May I use my commission outside of FA?
Yes. You are free to post it in your gallery on another site, AGAIN as long as you do not claim you created it and credit me.
The commission I bought was a gift for someone else…They can use it right?
Yes. As long as it was made for them they are allowed to use it.
What does blacklisted mean?
Blacklisted means I will never accept a commission from you ever again.
Can I finish a piece you did for me or pay someone else to do so?
You may finish a piece for yourself as long as you ask me first. You may NOT pay someone else to finish my artwork for you and you may NOT let others pay you to finish it
TOS originally written by Gargoyale with some edits made by me
I think.
*gurgles*
I read myself around in circles.
When you commission an artist, legally speaking you're paying them for their time rather than the product itself. Unless you work out a plan with the artist and have it explicitly stated that the rights to the image are being transferred to you, the artist still retains full ownership of the artwork as their property. Additionally, if an artist makes a statement about commissioners being unable to edit the work they purchase in their TOS, then it's still a condition the commissioner agrees to and does actually count as a binding contact!
Honestly, it's something more artists should mention to help cut down the misconception of artwork ownership, but on a legal basis that's how it goes!