Digital Art Commission Terms of Service

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CUSTOMER OBLIGATIONS

~By purchasing my services (art commissions/Commercial Use License), you automatically agree to the following conditions.
~Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.
~If you are not comfortable with my Terms of Service and/or are not willing to agree to the conditions, you may not request a commission.
~For down payments, they can be different for each project, depending upon the ending total. HOWEVER if your price exceeds $100 the minimum down payment is $50 and up to the full price.
~Any down payment WILL NOT be refunded once commission/project is started. If you decide to back out BEFORE commission/project is started EVERYTHING will be refunded.
~NFT/AI usage is strictly forbidden. My Artwork will NOT be used to train AI in any present or future projects in any capacity. You will also be IMMEDIATELY blacklisted.
~NFT/AI usage is strictly forbidden. My Artwork will NOT be used to train AI in any present or future projects in any capacity. You will also be IMMEDIATELY blacklisted.

USER AGREEMENT

~By commissioning me and placing a down payment/full payment, you agree that you have read and accepted all the terms described herein.
~You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated and agreed upon, and provide all image credits to me.
~Violators will be added to my blacklist indefinitely and without warning.

GENERAL CLIENT

~You, the Client, will be expected to first read my TOS and understand my general Commission Prices.
I reserve the right to decline any commission or client for any reason.
~You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.
~Do NOT erase my signature from the Artwork under any circumstances. (Unless this is discussed, agreed upon, and paid for before hand. If you are found erasing signatures WITHOUT permission you WILL be blacklisted.)
~You may not upload or host my work in any gallery that is intended to display/sale your own work only.
You may not claim my work as your own. (If found doing this, you WILL be blacklisted.)
~Please only upload the smaller file publicly unless otherwise discussed.
~You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
~You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale).
~You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed and agreed to.
~In the case of an adoptable, you retain the rights to the character design and can change design as you wish, for PERSONAL use only (commercial use for adoptable only if agreed to and paid for).
~You are NOT authorized to change, modify, edit or use my works without my permission.
~You are NOT authorized to trace over my Artwork in any way, including the use of the Artwork as a “base” (unless discussed and agreed otherwise).
~Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.
~Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.
~These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.
~Down payment is UPFRONT and FULL payment before delivery of ANY Artwork.
~Artwork will be delivered by email. Please have a working email ready and available upon starting a commission/project.
~You MUST show proof of age (18 years or older) to receive sexually explicit art.
~By placing an order and putting a down payment, you agree to these terms and conditions. Please read these terms carefully.
~There are unlimited changes during the sketch/linework process. HOWEVER, once coloring starts any changes to be made will be a charge of $3-20, depending upon the size/detail of change.
~If the change is to the work as a WHOLE you will be charged accordingly.
~My Artwork will NOT be used to train AI in any present or future projects in any capacity.

ARTIST

~By commissioning me, you are purchasing my service as an Artist only.
~I reserve the right to post your finished artwork in my gallery for any reason.
~I reserve the right to decline any project or client for any reason.
~I reserve the right to refund you the full amount paid (if not started) OR half the amount (if projected is started) if I no longer wish to work on your project for any reason.

COMMERCIAL USAGE AGREEMENT

~If you, the Client, wish to order a commission for Commercial Use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.
~Commercial Use projects will NOT be started till the Commercial Use Licensing MUST be paid before project will be started. This IS the down payment for Commercial Use Projects.
~The minimum price increase 50-100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit, depending on project or size of company. Indie companies and larger companies WILL be priced differently, if you try to argue this matter, your project WILL be dropped and you WILL be blacklisted.
~The following cases are considered commercial use: Reproducing and selling the Artwork, publicly or privately (for privately, if you do NOT receive a monetary gain for it {ie it may be for a Family Reunion, to just give out} you may noy have to pay a commercial usage license, MUST be discussed first), cases where you receive profit from a medium/platform where you have posted my Artwork (eg. Patreon, YouTube, Twitch, Ko-Fi, a personal site, business cards etc).
~My Artwork will NOT be used to train AI in any present or future projects in any capacity.

REFUND POLICY

~Art commission down payments are nonrefundable once I begin the piece. If you ask for a refund BEFORE the work is started (or any supplies are bought for the physical work) I will issue the refund.
~If art commission is a physical item and arrives damaged to you, you MUST make me aware of the damage (send pictures to me as well) and I will issue a refund (for everything but price of supplies, which I will show you proof of price of, if asked).
~For commercial use products, 50% of commercial pricing will NOT be refunded once projected is started.
~If I learn you have ANY association with ANY AI art project, I will IMMEDIATELY end the commission/project.

Contact

Twitter- @poeslilraven13
Instagram- @artworkby_arcanaebbe
Telegram- https://t.me/theartisticwitchery
Linktree- https://linktr.ee/arcanaebbeswitchery

Payment Options

order by preferred method

1) Ko-Fi
2) PayPal
3) Venmo
4) Cashapp
5) Cash (only if you are local to me)No other payments methods will be accepted then what is above.

Will Do // Ask About

OCs
Fan art
Actors
IRL People (with permission from persons)
Logos
Book Covers
Pets
SFW
Simple/Complex Background
Simple/Complex Weapons
Some Kinks
Some Gore
Furry
NSFW

Will Not Do

Hateful
Content Bigoted
Closed Practice Content (unless you are apart of it and are okay with me working on it, this also extends do my Witchery works)
Vore
Propaganda
Certain Armor/Mecha (just send me a message about it with a picture and I’ll let you know)
Pedo content

Adoptables Terms and Rules

You MUST give me credit for original design of adopt and original artUnless you purchase the Commercial Use Licensing, you CANNOT use the Adopt for anything other then personal use
~If you want to put the Adopt on merch for YOURSELF or a give away, that is fine but you CANNOT sale it for any reason
~Commercial Use of an Adopt is a different price, it will be an additional charge on top of the Adopt and will be listed in the description of the Adopt's listingYou can change the Adopt's design in anyway, once purchased
~When you change the design, please do not change the Adopt too much that they become unrecognizable. If not sure about a change, feel free to message.If you decide to sale, you can ONLY sale for same price or less, UNLESS you have added art to the Adopt (this includes your own art)If Adopt is drawn on a base and I credit original artist, you MUST also credit the base artistIf you are caught not crediting or taking full credit you WILL BE BLACKLISTEDIf you want something changed or customized on the Adopt, please message and we can work out a price. Depending on how small the change, you may not be charged at all for it.If you purchase an Adopt for a Blacklisted, and I find out, YOU WILL BE BLACKLISTEDThe price of Adopts reflects my art and the pieces I have for them.If an Adopt I have listed also has a story behind it, feel free to change that. This is simply the story I created as I created the Adopt but once you purchase them they are yours and you can change the story as you see fit.

BY PURCHASING ANY OF MY ADOPTS YOU AGREE TO THESE TERMS.

Payment Options

order by preferred method

1) Ko-Fi
2) PayPal
3) Venmo
4) Cashapp
5) Cash (only if you are local to me)No other payments methods will be accepted then what is above.

Premade Adopts can be found in my Ko-Fi listings, I can make customs though