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Terms of Service (Last Updated 04/28/2018)
8 years ago
BY RENDERING PAYMENT, YOU AGREE TO THE TERMS OF SERVICE
This Terms of Service is subject to change without notice.
1. Our Relationship You, the commissioner, are commissioning me, Griz, as an independent professional to create an original work of art. I am free to provide my services to others during completion of your Service, and I reserve the right to deny any potential Services. At the completion of this Service you will be granted a license to use the Final Work. You are not purchasing a physical or digital good.
2. Prices
- All prices listed are in American dollars (USD) and are considered to be starting prices.
- Your cost may be higher depending on the Scope of this Service. This cost is negotiable.
- Payment means that you agree with the cost of Service and all terms herein.
3. Payment
- All invoices will be sent via Paypal unless otherwise agreed upon. Payments received outside of these invoices are considered tips.
- Please render payment promptly - All invoices sent by me will expire within 48 hours of issuing them unless otherwise stated. Service will be cancelled if the invoice is not paid within 48 hours. I do not accept e-checks.
- All payment is to be made up front before any work begins.
- Payment plans can be made for commissions over $300.
4. Time
- Due to the nature of the services I provide, I cannot promise a specific completion time, but I will happily give time estimates on request based on your specific Service. Any time estimates will be treated purely as estimates and are not material to this agreement, due to the collaborative nature of my Services.
- A rush fee, 25% of agreed price of Service, may be incurred for Services that require a certain due date given by the commissioner. You will be bumped to the top of the work queue and given priority as available.
5. Refunds
- I reserve the right to deny or cancel the Service for any reason, including none. In such an instance, you will get a full refund.
- I do not give refunds for any reason if the commissioner wishes the cancel the Service.
- Abusive behavior will constitute a material breach of this agreement, and in such a case the Service will be canceled and you will be refunded partially depending on the amount of time put into the Service.
6. Revisions
- I automatically offer Works in Progress (WIPs) which the commissioner may opt out of.
- During the preliminary sketch phase, I will allow two major changes without additional charge. Any additional changes after that, or extra direction given by the commissioner, will incur a revision fee. This fee will be no less than $5 but may be more depending on the revisions. I have the right to refuse any revisions that would significantly alter the Scope of this Service, especially if you refuse the revision fee.
- You may inquire about the progress of your Service at any time.
- Major changes include (but are not limited to) pose changes, character swap outs, and other changes that may require me to completely start over.
- Minor changes, which include (but are not limited to) character design and model tweaks and mistakes on my part may be fixed at any time.
- Opting out of WIPs automatically waives the right of the commissioner to any major changes and gives full creative freedom to me. In this case, minor changes and mistakes on my part may be fixed at any time.
7. Grant of Rights With regards to the Final Work created during use of this Service I grant you a PERPETUAL, NON-EXCLUSIVE, NON-COMMERCIAL license to: upload to FREELY AVAILABLE on-line services; to MODIFY (excluding modifications that would remove my attributions/watermarks or harm the integrity of my art/business) or CREATE DERIVATIVE WORKS THEREOF; and to COPY, DISPLAY or DISTRIBUTE the Final Work in print. I grant you the right to sub-license these rights, in whole or in part, to others.
I retain ownership and authorship of all works I produce. I retain full rights over all materials created prior to Finalization.
In any event of refund or cancellation, ownership of all rights granted to you under this term will revert back to me, and vice versa. Any grant of rights is contingent on payment in full and Finalization of this Service. You agree that a chargeback or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked if you do so.
You and I reserve all other rights not expressed in these Terms.
8. Survival All terms that would logically survive the cancellation of this agreement will survive termination. These explicitly include the Refunds, Confidentially, Arbitration, Jurisdiction, Severability, Warranties, and Force Majeure clauses. As previously noted: in any event of cancellation, ownership of all rights granted to you under these Terms, specifically clause 7 ("Grant of Rights") will revert back to me, and vice versa.
9. Confidentiality You and I both agree that we will not knowingly share any private information gained during use of this Service. The exception to this is any disclosure required to complete the Service. Private information is:
a. Any names, e-mail addresses, physical addresses, dates of birth, or other information that could reasonably be deemed personally identifiable.
b. Any information relating to my business that is not made readily available and public, including the cost of this Service.
c. Any account information, including but not limited to Skype, Facebook, Paypal, bank accounts, or otherwise.
10. Arbitration Any dispute under or about these Terms must be submitted to and resolved through the internationally binding arbitration provided by net-ARB Inc. https://www.net-arb.com/. We will bear our own costs for arbitration. Any court may enforce the arbitration award. We both agree that the limit of liability under this arbitration will be no greater than the total cost of this Service, which will be defined as the cost paid plus any revision fees paid.
11. Jurisdiction This agreement shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules.
12. Warranties YOU WARRANT THAT ANY PERMISSIONS HAVE BEEN OBTAINED FOR THE AGREED USE OF MATERIALS SUPPLIED BY YOU FOR THE COMPLETION OF THIS SERVICE. YOU SHALL INDEMNIFY ME AGAINST ANY AND ALL CLAIMS AND EXPENSES (INCLUDING LEGAL FEES) ARISING FROM MY USE OF ANY MATERIALS PROVIDED BY YOU.
I WARRANT THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE FINAL WORK WILL NOT INFRINGE UPON ANY EXISTING COPYRIGHTS. I WILL INDEMNIFY YOU AGAINST ANY COPYRIGHT INFRINGEMENT JUDGMENTS ARISING FROM THIS SERVICE. THIS SERVICE IS OTHERWISE PROVIDED "AS-IS", WITH NO IMPLIED WARRANTIES.
13. Severability These Terms are intended to be severable. What this means is that if any of these Terms are deemed illegal and/or unenforceable, such a Term will be excluded to the extent of that illegality and/or unenforceability. All other Terms will remain in full effect.
14. Force Majeure Neither of us will be considered in breach of these Terms to the extent that the performance of our respective obligations (excluding payment) is prevented by an Event of Force Majeure.
An Event of Force Majeure is: a natural disaster (such as, but not limited to, fires, explosions, earthquakes, or floods); war or hostilities; civil unrest; acts or threats of terrorism; discontinuation of electricity or internet not covered by the agreement concluded with the respective utility companies or ISP; circumstances reasonably similar to any of these; or any other unforeseeable circumstance beyond your or my control that would be unreasonable to take precautions against and which cannot be avoided.
As soon as it's practical following an Event of Force Majeure, the affected party (you or I) will provide to the other reasonable proof of the nature of the event and of its effect upon the obligations contained within these Terms.
15. Definitions "Final Work" means an image (or multiple images) that fulfills this Service as agreed upon during correspondence and application.
"Scope" means the agreed upon specifications for the Final Work, outlined within your application and within e-mails between us relating to this Service.
"Service" means both: a) the creation of an original, digital artwork within the defined scope; AND b) the grant of a license, from me to you, to use that final work as outlined in these Terms.
"Sketch" means the initial gray-scale image that will serve as the basis for the Final Work.
"WIP" means Work In Progress and refers to an image or material prior to the creation of the Final Work.
This Terms of Service is subject to change without notice.
1. Our Relationship You, the commissioner, are commissioning me, Griz, as an independent professional to create an original work of art. I am free to provide my services to others during completion of your Service, and I reserve the right to deny any potential Services. At the completion of this Service you will be granted a license to use the Final Work. You are not purchasing a physical or digital good.
2. Prices
- All prices listed are in American dollars (USD) and are considered to be starting prices.
- Your cost may be higher depending on the Scope of this Service. This cost is negotiable.
- Payment means that you agree with the cost of Service and all terms herein.
3. Payment
- All invoices will be sent via Paypal unless otherwise agreed upon. Payments received outside of these invoices are considered tips.
- Please render payment promptly - All invoices sent by me will expire within 48 hours of issuing them unless otherwise stated. Service will be cancelled if the invoice is not paid within 48 hours. I do not accept e-checks.
- All payment is to be made up front before any work begins.
- Payment plans can be made for commissions over $300.
4. Time
- Due to the nature of the services I provide, I cannot promise a specific completion time, but I will happily give time estimates on request based on your specific Service. Any time estimates will be treated purely as estimates and are not material to this agreement, due to the collaborative nature of my Services.
- A rush fee, 25% of agreed price of Service, may be incurred for Services that require a certain due date given by the commissioner. You will be bumped to the top of the work queue and given priority as available.
5. Refunds
- I reserve the right to deny or cancel the Service for any reason, including none. In such an instance, you will get a full refund.
- I do not give refunds for any reason if the commissioner wishes the cancel the Service.
- Abusive behavior will constitute a material breach of this agreement, and in such a case the Service will be canceled and you will be refunded partially depending on the amount of time put into the Service.
6. Revisions
- I automatically offer Works in Progress (WIPs) which the commissioner may opt out of.
- During the preliminary sketch phase, I will allow two major changes without additional charge. Any additional changes after that, or extra direction given by the commissioner, will incur a revision fee. This fee will be no less than $5 but may be more depending on the revisions. I have the right to refuse any revisions that would significantly alter the Scope of this Service, especially if you refuse the revision fee.
- You may inquire about the progress of your Service at any time.
- Major changes include (but are not limited to) pose changes, character swap outs, and other changes that may require me to completely start over.
- Minor changes, which include (but are not limited to) character design and model tweaks and mistakes on my part may be fixed at any time.
- Opting out of WIPs automatically waives the right of the commissioner to any major changes and gives full creative freedom to me. In this case, minor changes and mistakes on my part may be fixed at any time.
7. Grant of Rights With regards to the Final Work created during use of this Service I grant you a PERPETUAL, NON-EXCLUSIVE, NON-COMMERCIAL license to: upload to FREELY AVAILABLE on-line services; to MODIFY (excluding modifications that would remove my attributions/watermarks or harm the integrity of my art/business) or CREATE DERIVATIVE WORKS THEREOF; and to COPY, DISPLAY or DISTRIBUTE the Final Work in print. I grant you the right to sub-license these rights, in whole or in part, to others.
I retain ownership and authorship of all works I produce. I retain full rights over all materials created prior to Finalization.
In any event of refund or cancellation, ownership of all rights granted to you under this term will revert back to me, and vice versa. Any grant of rights is contingent on payment in full and Finalization of this Service. You agree that a chargeback or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked if you do so.
You and I reserve all other rights not expressed in these Terms.
8. Survival All terms that would logically survive the cancellation of this agreement will survive termination. These explicitly include the Refunds, Confidentially, Arbitration, Jurisdiction, Severability, Warranties, and Force Majeure clauses. As previously noted: in any event of cancellation, ownership of all rights granted to you under these Terms, specifically clause 7 ("Grant of Rights") will revert back to me, and vice versa.
9. Confidentiality You and I both agree that we will not knowingly share any private information gained during use of this Service. The exception to this is any disclosure required to complete the Service. Private information is:
a. Any names, e-mail addresses, physical addresses, dates of birth, or other information that could reasonably be deemed personally identifiable.
b. Any information relating to my business that is not made readily available and public, including the cost of this Service.
c. Any account information, including but not limited to Skype, Facebook, Paypal, bank accounts, or otherwise.
10. Arbitration Any dispute under or about these Terms must be submitted to and resolved through the internationally binding arbitration provided by net-ARB Inc. https://www.net-arb.com/. We will bear our own costs for arbitration. Any court may enforce the arbitration award. We both agree that the limit of liability under this arbitration will be no greater than the total cost of this Service, which will be defined as the cost paid plus any revision fees paid.
11. Jurisdiction This agreement shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules.
12. Warranties YOU WARRANT THAT ANY PERMISSIONS HAVE BEEN OBTAINED FOR THE AGREED USE OF MATERIALS SUPPLIED BY YOU FOR THE COMPLETION OF THIS SERVICE. YOU SHALL INDEMNIFY ME AGAINST ANY AND ALL CLAIMS AND EXPENSES (INCLUDING LEGAL FEES) ARISING FROM MY USE OF ANY MATERIALS PROVIDED BY YOU.
I WARRANT THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE FINAL WORK WILL NOT INFRINGE UPON ANY EXISTING COPYRIGHTS. I WILL INDEMNIFY YOU AGAINST ANY COPYRIGHT INFRINGEMENT JUDGMENTS ARISING FROM THIS SERVICE. THIS SERVICE IS OTHERWISE PROVIDED "AS-IS", WITH NO IMPLIED WARRANTIES.
13. Severability These Terms are intended to be severable. What this means is that if any of these Terms are deemed illegal and/or unenforceable, such a Term will be excluded to the extent of that illegality and/or unenforceability. All other Terms will remain in full effect.
14. Force Majeure Neither of us will be considered in breach of these Terms to the extent that the performance of our respective obligations (excluding payment) is prevented by an Event of Force Majeure.
An Event of Force Majeure is: a natural disaster (such as, but not limited to, fires, explosions, earthquakes, or floods); war or hostilities; civil unrest; acts or threats of terrorism; discontinuation of electricity or internet not covered by the agreement concluded with the respective utility companies or ISP; circumstances reasonably similar to any of these; or any other unforeseeable circumstance beyond your or my control that would be unreasonable to take precautions against and which cannot be avoided.
As soon as it's practical following an Event of Force Majeure, the affected party (you or I) will provide to the other reasonable proof of the nature of the event and of its effect upon the obligations contained within these Terms.
15. Definitions "Final Work" means an image (or multiple images) that fulfills this Service as agreed upon during correspondence and application.
"Scope" means the agreed upon specifications for the Final Work, outlined within your application and within e-mails between us relating to this Service.
"Service" means both: a) the creation of an original, digital artwork within the defined scope; AND b) the grant of a license, from me to you, to use that final work as outlined in these Terms.
"Sketch" means the initial gray-scale image that will serve as the basis for the Final Work.
"WIP" means Work In Progress and refers to an image or material prior to the creation of the Final Work.
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