COMMISSION TOS

TERMS

1. The Artist has the right to refuse any Commission request, without needing to explain the reason.2 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate with artist, or a breach of these Terms of Service.3. The Artist will not create any form of hateful or racist imagery.4. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.5. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.6. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.7. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.8. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.9. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [digital art] Commission, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.10. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.11. The Client may display the Commission in Profiles as long as the Artist’s name (Barabuns) is prominently displayed.11a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.11b. Under no circumstances may the Client submit a Commission to any kind of contest.12. Digital art Commissions will be provided to the Client via email or an online download location in .PNG format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.

COMMERCIAL RIGHTS TO YOUR COMMISSION

Purchasing Commercial Rights

13. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work.**This applies for using commissioned art on Twitch for Emotes, Youtube, or using a piece of art for promoting or use of profit.
**
A Fee x3 the commission price will be added for the client's right to use the art for commercial purposes.New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.14. The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.15. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.16. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.13. If a sketch, lineart, or color has been approved beforehand, and the client approaches for a complete reconstruction of the original piece agreed upon; the client WILL BE charged a labor surcharge of $150. Rejection of this surcharge will result of termination of the art commission. **

Artist Preferences

What art do you provide?

‣Character Design / Concept Art
‣OC Fanart (ex. Dnd, Vtuber, etc.)
‣ Simple Animations
‣ Twitch Emotes
‣Live2D Vtuber Model Art
‣ Live2D Rigging (Half and Full body)
‣ Sketches
‣ Character Reference Sheets
‣ Chibis
‣ R18 lewd /NSFW Art*

What can I request?

‣Humanoid/Anthro Characters
‣ All DnD races
‣ NSFW*
‣General Fantasy Art
‣YCH templates (provided by artist)
‣Medieval Armor/Limited Armor
‣Character Expression sheets
‣Anthro/Furry
‣Fanart
‣ Your OC's and/or with consented OC's (ship art)
‣Group Art

*Read "Not permitted" for details of restrictions for NSFW

NOT PERMITTED

‣Any Art that can be depicted harmful or bigotry to any gender, race, or group of individuals.

‣Pedophilia (including Lolicon)
‣Intense Gore
‣Certain Paraphilias such as vore, foot fetishes, uro/scatphilia, etc.
‣Animals.
‣Mechs
‣Imitation of another ARTIST'S art style

Turn Around on Commissions

3 weeks to a month depending on queue.

PAYMENT

The Artist requires all payment after the approval of the sketch.
There are also options to split pay upon sketch and before submitting the finished piece.Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.Method: The Artist’s preferred method of payment is via STRIPE or PayPal if requested.
Additional payment methods can be made available to the Client upon request.Cancellation: Please refer to Term 16 for refund policy.These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement with the Artist.
Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms and Conditions

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