Endora's Terms of Service

Commission Status: OPEN

TERMS OF SERVICE

Termos de Serviço PTBR

DISCLAIMER

• By purchasing my services (art), you automatically agree to the following conditions as well as my rules which are public and will be reminded as necessary.
• 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.• Clients are not permitted under any circumstances to use any part of commissioned work from me (AkaEndora) such as images, goods, and copies of goods in any block-chain related technology including non fungible tokens (NFT), cryptocurrency, or future inventions in the space. Using any commissioned work is also strictly prohibited from use in any advertising or profits associated with block-chain related technology including non fungible tokens (NFT), cryptocurrency, or future inventions in the space.• Any aspect of work by me (AkaEndora) may not be used to train, validate, or test any neural network or artificial intelligence. Doing so is in violation of terms against alteration and external non private use of assets created for patrons.

GENERAL

CLIENT

• You, the Client, will be expected to first read my TOS and understand my general Commission Prices.
• You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.
• You may not upload or host my work in any gallery that is intended to display your own work only.
• You may not claim my work as your own.
• Please only upload the smaller watermarked 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.
• In the case of an adoptable, you retain the rights to the character design.
• 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.”
• Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on any of my social platforms, as well as private messages. I reserve the right to place anyone on a blacklist over harassment.
• These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.
• By placing an order, you agree to these terms and conditions. Please read these terms carefully.

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 unless discussed and agreed otherwise beforehand.
• 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 I no longer wish to work on your project for any reason.
I will not create work containing the following:
• anything considered offensive or bigoted (EX: racism, homophobia, transphobia, incest, pedophilia, etc.), NSFW, realistic/heavy gore, certain fandoms.

• I reserve the right to sign and/or watermark my own work. I will send you a full resolution image (by email or via google docs), but my signature will remain on both the full resolution and smaller versions of the Artwork.
• You are responsible for protecting your ownership over rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading on external sites.
• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, I may do whatever I wish with the art (eg. post it to other sites such as Instagram) but will give proper credit to you for ownership of the character’s design.
• In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.
• In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the Client.

COMMERCIAL USE

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.
• The minimum price increase 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.
• The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards etc).

NDA - Privacy Request

• If you wish for your request to be private, it must be stated during the ordering process.
• I reserve the right to charge a fee if I deem fit.
• The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.
• However, this also means that you must refrain from sharing any such spoilers and details yourself.
• This is especially important to consider if you are an Vtuber and want me to keep assets private until your debut.
• If applicable, an NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee.

Commissions

ORDERING

• You are expected to have read and understood my rules, prices and spoken with me to confirm the piece you’re looking to purchase has been accepted.
• Your commission slot is only confirmed once you receive a reply from me discussing the details (as needed).
• If your commission is highly detailed in any aspect, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change a character, agree to simplified design changes) before the transaction is complete.
• Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.
• Any emails, private messages, and comments that you send must be in English or Portuguese. Miscommunication due to mistranslation is at fault of the client if they cannot communicate in English.
• Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details.

Process, Delivery & revisions

• The time it takes to finish your commission varies 1 week - 3 months depending on factors such as health, the complexity of the commissioned piece, other work, and con seasons.
• Once the piece is finished you will receive the full-resolution image along with a web-friendly size. Note that there is no physical product.
• You get 3 rounds of changes on the commissioned piece included in the price.
• A fee will be added if you want something changed on the final drawing - unless a misunderstanding from my side has been made.
• If you wish for me to change something in the drawing you have previously approved, I will charge you a fee to change it. The amount of the extra charge depends on the change you want me to make and is usually based on an hourly wage.
• If your reference is unclear to start with changes will come at an extra charge.

PAYMENT

• The currency accepted is USD and BRL that can be paid through Artistree.io, Paypal, Pix or a previously agreed bank transfer.
• Commissions can be paid either 100% upfront or split 50% upfront and 50% after sketch approval.
• Don't send me any payment before I have agreed to give you a slot and requested you to send me the payment.

Cancellation & Refund policy

• I can refund 100% of the payment only if I have not started working on the sketch unless discussed and agreed otherwise by my own confirmation.
• Once I start the sketch, you may be refunded 80% of the initial payment. Past the sketching stage there will be NO REFUNDS.
• I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.
• If I cancel a project, I will reimburse the lost fees and refund 100%.
• If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.

Final product

• There may be slight differences between the samples in my gallery and the illustration you will receive.
• The commissioner must respect that my artistic style cannot be altered.
• I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.
• Credit to me, the Artist, is required when you post or use it on another platform.
• You, the Client, are responsible for saving any information, images, and other digital data I provide.
• Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure or accidental deletion or loss.
• I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.
• Feedback of the final product is permitted after completion of the piece, through private messages or comments.
• Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.

This ToS was set up using https://robboyblunder.tumblr.com/commissions and https://www.chaoticscrawling.com/post/ultimate-art-commission-guide#viewer-4i019

Área temporariamente fora de serviço