My Art TOS - Terms of Service (current)

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By fumstix
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These Terms of Service outline the rules for usage of my artwork and is applicable to all commissions and requests. Before requesting, buying, or using art from me, you must read and agree to these Terms of Service.


Definitions
Client - the individual(s) using, buying, or otherwise interacting with my artwork, and all commissions and requests
Artist - I am the artist; the creator of content for the Client

Ownership of Artwork/Files

The Artist retains the rights to the work and files unless otherwise specified in writing, in advance. Original copyright holder of any character or characters used retain(s) the rights to their character(s). The Client may not use the created work commercially, unless otherwise specified in writing, in advance. Client may display commissioned artwork in their social media profiles, only if they give credit to the Artist (by linking to the Artist’s social media).
If this is for agreed commercial work, the Client may purchase the rights to the work. This must be agreed upon in advance of payment, or may be amended at a later time, but may incur an additional fee. The Artist retains the right to display the images in their gallery or portfolio.

PERSONAL USE VS. COMMERCIAL USE

"Personal Use" is defined as the Artist's work being used for Client's own personal enjoyment. It must have no commercial or promotional benefit to the Client or their work. The Client may not use my "Personal Use" work to gain or prompt interest in their own projects.

Examples of personal use include: using an image as a desktop image for a personal computer, as a background image on a mobile device, or printing out a small picture for personal enjoyment.


"Commercial Use" is when the Client is granted the right to use work to promote their project, company, self, etc - or for monetary gain.

Examples of commercial use include using images for ads, book covers, in YouTube videos, on a website to get more customers, etc.


COMMISSIONED WORK

Even when the client has commissioned a piece of artwork from the artist, they do not automatically have the right to commercial use. If the client would like this right, they must purchase or lease it from the artist. Please contact the artist such prices.

The client does have the right to;

  • Display the art in their online gallery as long as;

    • the art is not accompanied by pornographic, fetish, or adult content.

    • the art not edited in any way, and retains my original watermark.

    • credit is given to the artists, with a link to the artist's profile.

  • Use the work for their personal icon on social media networks as long as a link back to artist is provided clearly.

  • Use the work as a background for their computer, phone or other mobile device.

 

Pricing and Payment Terms

Price will be agreed upon between Artist and Client in writing before Client is expected to send first payment. This payment will include the tax and any expected merchant fees, if applicable. Artist might require a non-refundable deposit of 50% of the total estimated cost of the commission before work will begin, but this will be discussed in advance.

Artist may charge a rush fee of +15-30% of total if deemed necessary by the Artist.

Private Commissions come with a fee of +50-200%. All ownership rights still stand, however, the Artist will not mention the Client (if requested) and/or will not post the work online. (if requested)

The agreed payment price may change if Client wishes to add additional details or information through the process.

Payment is accepted via PayPal or Deviantart (as points).

If the Client requests a payment plan, the Artist and the Client may discuss the options that are available. If Client misses a payment in said plans, an additional fee of 5% of the expected payment will be applied to the following payment due. If two payments are missed Artist retains the right to cancel the commission, and will retain the money paid as well as the rights to the work.

Final payment for the completed work is due within three (3) days of completion and must be made in order for Client to receive the full-sized, watermarked files.

Production Schedule

Any time constraints must be discussed between the Artist and Client in advance. Artist cannot be held responsible for delays caused by client, sudden illness, unusual transportation delays, or external forces beyond the control of the Artist. If such event(s) occur, Artist reserves the right to a deadline extension equivalent to the exact number of days of the delay. The artist is not obliged to work holidays or weekends.

Commission Process

1. The Client contacts the Artist for an open commission slot. Client provides references and a description of what they would like. At this point, the price will be discussed and agreed upon.

2. Depending upon payment agreement, the Client makes either full or partial payment.

3. The Artist may send the Client a draft thumbnail of the art, depending on the initial agreement. The Client has the right to request small alterations and give feedback. The Artist reserves the right to reject these requests only if the Artist believes the work will suffer in quality.

4. The Artist re-creates thumbnail into sketch and submits work to the Client for approval. The Client now has the right to request their final major alterations. After this stage, only minor corrections, such a color correction, will be considered by the Artist. The Client is welcome to provide red-lines, however, if the Artist believes that the quality of the work will suffer for it, these may be rejected.

5. The Artist begins coloring the work, and submits another low resolution work in progress image for approval to the Client.

6. Depending upon payment agreement, the Client makes a second payment.

7. The Artist details and finishes the image, then submits a watermarked, low-resolution version to the Client for approval.

8. Depending upon payment agreement, the Client makes final payment.

9. The Artist send the full file to the Client.

10. The Client smiles, shows their friends, the Artist tells other artists how much fun it was to work with the Client, and hopefully the two work together again in the future.


Shipping

The Client is responsible for the cost of shipping and insurance. The Artist is not liable for any lost or damaged packages once shipped. If the work is digital, the cost of printing may be added in as well.


Revisions

Clear communication is essential to successful completion of a commission. With that said, Artist offers a total of 5 small revisions throughout the commission's completion. The artist offers no major revisions after the final sketch WIP. Additional revisions are available at the expense of the Client.

 

Claims Period/Revision Period

Client has twenty-four (24) hours after the completion date to file a claim with Artist for any previously overlooked changes.


Retention of Images and Files

The Artist shall retain the original traditionally completed image for no longer than thirty (30) days. All digital files shall be retained for no longer than thirty (30) days. If the Client wishes the original files or image be held for longer than this period a retention fee of $10/week may apply. The client is responsible for keeping their own file of the work, the Artist is not to be held responsible for work after the 30 day period.


Final Project

The Artist retains no responsibility or liability for what the Client or third parties do with the artwork once the artwork is completed.


Cancellation

The Artist reserves the right to cancel the commission at any time due to behavioral, payment, personal or communication issues.

If the Client cancels the commission, a refund may be given depending upon the amount of time and work completed. The Artist retains all rights to cancelled work, including the right to sell the image to a third party.


Confidentiality

All documents and discussions between the Artist and the Client will remain confidential unless otherwise expressed in writing between the Artist and the Client.


Password: TOSread
(if prompted for a password, here it is ^)

Final Agreement

All articles of this Terms of Service Agreement are applicable unless specifically outlined within the final written agreement between the Client and the Artist.

Acceptance of Agreement

By contacting the Artist, or sending payment, you, the Client, are hereby agreeing to the terms expressed above.




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