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Terms Of Service
6 years ago
As of 31.07.2017
GENERAL
Definitions:
Artist - original author of the work, creator of designs - InduSfera
Work - digital goods made by the artist
Customer - person or entity showing interest in commissioning the Artist or purchasing digital goods from the Artist
Commission - digital goods made to order provide by contract between customer and artist
Design - digital goods made by artist available to obtain with all ownership rights by a customer
Adoptable - digital goods made by artist available to obtain with partial ownership rights by a customer
Artistic value - refers here to sensitive themes presented by symbolism or by meaningful form/stylization
By commissioning me, obtaining adoptable design or other design made by me, you are agreeing to my Terms of Service by following:
"I, the Customer, understand that by commissioning or obtaining digital goods from the Artist that I am agreeing to the Artist's Terms Of Service, and that I have read and understand the contents of the Terms Of Service"
COMMISSIONS
• Details of commission have to be established before payment.
• Deadline or lack thereof have to be established before payment.
• Artist begins working on commission with moment of receiving payment.
• Possibly changes and alternations to Work must be requested before delivering complete Work - after delivering finished Work Artist is not obligated to do so.
• Artist retain full copyright of the Work unless commissioned Work have purpose in commercial use by customer.
• Possibly commercial usage of commissioned Work by customer has to be established before payment.
• Customer who commission Work for commercial usage receive full ownership of this Work.
• Work created by artist for non commercial use is allowed to repost/reupload on other sites but only when description of repost/reupload include proper credit (links to the Artist sites or contact information)
• Artist have right to adjust prices for Work whenever it feel to be necessary but purchases made before changes will not be affected.
UNACCEPTABLE THEMES AND RIGHT TO REFUSE
I, the Artist, have the right to refuse any commission request or request for Work and I am not obligated to provide reason for doing so.
UNACCEPTABLE THEMES:
• Licensed/copyright characters or content that are not owned by the customer
• Explicit nudity and porn without artistic value
• Explicit violence and gore without artistic value
• Non consensual interactions without artistic value
PERSONAL SPECIES (ADOPTABLES)
Adoptables made by InduSfera:
• Eteri (eterispecies.deviantart.com/)
By obtaining adoptables (by buying, trading, receiving as a gift) made by Artist customer receives partial rights to adoptable design:
• Adoptable design cannot be used in commercial purpose.
• Adoptable design can be traded or gifted.
• Adoptable design can be sold but not for more than its original price or price that was purchased by previous owner - it means that if original price for adopt was $50 and someone sell it for $40 then maximal price for this design is now $40.
• Any changes in adoptable design are described by rules of personal species and only upon Artist agreement.
• Reposting, reuploading or uploading any content related to Artist's personal species must be properly described including links to Artist personal species site, Artist official sites or contact information.
• Before purchasing adoptable design please read personal species individual rules.
DESIGNS OTHER THAN PERSONAL SPECIES
• By buying design other than personal species customer receives full ownership rights to this design and can be used in commercial purpose.
• Design can be sold, traded or gifted.
• Design can be changed or alternated in any way.
TERMS OF PAYMENT AND REFUND
• Payment for the Work must be provided up front and in full.
• Payment must be sent within 24 hours after sending information about PayPal invoice.
• In auction situation when customer with winning bid couldn't fulfill payment within 24 hours the next highest bidder can buy that Work for they offered price or auction will be reopened.
• Refund is only possible when Artist didn't started working on commission or when Artist decided and informed customer about that it's not possible to complete commission in any time.
• Refund is not possible after obtaining adoptable design or other design.
• Any adoptable design or other design can be revoked only if Customer made a chargeback of payment sent to Artist.
• If chargeback of payment is made for finished commissioned artwork then Artist have rights to proceed with legal actions towards Customer.
GENERAL DATA PROTECTION REGULATION
• Customer Data is not stored by Artist and it's not processed nor distributed to other parties not connected to fulfilling payment that Customer agreed on.
OTHER
• Artist have right to change sale type of Work (auction, flatsale) when there is no interest in certain type of sale.
• Artist is not responsible for lost or damaged files and is not obligated to provide replacements.
• Artist reserves right to make changes and additions in TOS anytime in order to improve them.
• Any Work made by Artist may not be traced, edited, altered without Artist's previous agreement.
CONTACT AND OFFICIAL WEBSITES:
email: indusferaart[at]gmail.com
DeviantArt: indusfera.deviantart.com/
GENERAL
Definitions:
Artist - original author of the work, creator of designs - InduSfera
Work - digital goods made by the artist
Customer - person or entity showing interest in commissioning the Artist or purchasing digital goods from the Artist
Commission - digital goods made to order provide by contract between customer and artist
Design - digital goods made by artist available to obtain with all ownership rights by a customer
Adoptable - digital goods made by artist available to obtain with partial ownership rights by a customer
Artistic value - refers here to sensitive themes presented by symbolism or by meaningful form/stylization
By commissioning me, obtaining adoptable design or other design made by me, you are agreeing to my Terms of Service by following:
"I, the Customer, understand that by commissioning or obtaining digital goods from the Artist that I am agreeing to the Artist's Terms Of Service, and that I have read and understand the contents of the Terms Of Service"
COMMISSIONS
• Details of commission have to be established before payment.
• Deadline or lack thereof have to be established before payment.
• Artist begins working on commission with moment of receiving payment.
• Possibly changes and alternations to Work must be requested before delivering complete Work - after delivering finished Work Artist is not obligated to do so.
• Artist retain full copyright of the Work unless commissioned Work have purpose in commercial use by customer.
• Possibly commercial usage of commissioned Work by customer has to be established before payment.
• Customer who commission Work for commercial usage receive full ownership of this Work.
• Work created by artist for non commercial use is allowed to repost/reupload on other sites but only when description of repost/reupload include proper credit (links to the Artist sites or contact information)
• Artist have right to adjust prices for Work whenever it feel to be necessary but purchases made before changes will not be affected.
UNACCEPTABLE THEMES AND RIGHT TO REFUSE
I, the Artist, have the right to refuse any commission request or request for Work and I am not obligated to provide reason for doing so.
UNACCEPTABLE THEMES:
• Licensed/copyright characters or content that are not owned by the customer
• Explicit nudity and porn without artistic value
• Explicit violence and gore without artistic value
• Non consensual interactions without artistic value
PERSONAL SPECIES (ADOPTABLES)
Adoptables made by InduSfera:
• Eteri (eterispecies.deviantart.com/)
By obtaining adoptables (by buying, trading, receiving as a gift) made by Artist customer receives partial rights to adoptable design:
• Adoptable design cannot be used in commercial purpose.
• Adoptable design can be traded or gifted.
• Adoptable design can be sold but not for more than its original price or price that was purchased by previous owner - it means that if original price for adopt was $50 and someone sell it for $40 then maximal price for this design is now $40.
• Any changes in adoptable design are described by rules of personal species and only upon Artist agreement.
• Reposting, reuploading or uploading any content related to Artist's personal species must be properly described including links to Artist personal species site, Artist official sites or contact information.
• Before purchasing adoptable design please read personal species individual rules.
DESIGNS OTHER THAN PERSONAL SPECIES
• By buying design other than personal species customer receives full ownership rights to this design and can be used in commercial purpose.
• Design can be sold, traded or gifted.
• Design can be changed or alternated in any way.
TERMS OF PAYMENT AND REFUND
• Payment for the Work must be provided up front and in full.
• Payment must be sent within 24 hours after sending information about PayPal invoice.
• In auction situation when customer with winning bid couldn't fulfill payment within 24 hours the next highest bidder can buy that Work for they offered price or auction will be reopened.
• Refund is only possible when Artist didn't started working on commission or when Artist decided and informed customer about that it's not possible to complete commission in any time.
• Refund is not possible after obtaining adoptable design or other design.
• Any adoptable design or other design can be revoked only if Customer made a chargeback of payment sent to Artist.
• If chargeback of payment is made for finished commissioned artwork then Artist have rights to proceed with legal actions towards Customer.
GENERAL DATA PROTECTION REGULATION
• Customer Data is not stored by Artist and it's not processed nor distributed to other parties not connected to fulfilling payment that Customer agreed on.
OTHER
• Artist have right to change sale type of Work (auction, flatsale) when there is no interest in certain type of sale.
• Artist is not responsible for lost or damaged files and is not obligated to provide replacements.
• Artist reserves right to make changes and additions in TOS anytime in order to improve them.
• Any Work made by Artist may not be traced, edited, altered without Artist's previous agreement.
CONTACT AND OFFICIAL WEBSITES:
email: indusferaart[at]gmail.com
DeviantArt: indusfera.deviantart.com/
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