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TERMS OF SERVICE
Last updated: 22nd Mar 2023
general overhaul, addition of AI policy
This information page is linked in every sale and invoice - as the client, either by purchasing a commission or obtaining a design by me - you confirm that you are at least 18 years of age (or have a legal guardian to agree) and that you have read and accepted the information herein upon purchase. Any disregard or failure to adhere to the terms stated may result in legal action and/or being blacklisted from any further business with me.
Commissioned work subjects
I will draw:
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The client's owned original characters (OCs), including feral and anthro animals, creatures and closed species.
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I can draw mecha and gore, though please discuss with me before purchase.
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The client's pets or real life animals.
I won't draw:
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Humans and humanoids.
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Nsfw of any kind, including any fetish content.
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Any offensive, political, hateful or harmful content.
If I have overlooked anything here and/or you're not sure about what I'll draw, please don't hesitate to ask!
COMMISSIONS:
General:
1. Full refunds are only available within the first 48 hours of payment, if I have not already started working on your commission. In which case, only partial refunds are available.
1.(i) If for whatever reason I am unable to finish your commission, regardless of work already done towards it, I will issue a full refund.
2. Payment is upfront and paid in full before the commission is started. Payment plans are not available.
2.(i) Commissions are in GBP £ paid through invoice or ko-fi commission sale at the exact price of the commission - clients are not obligated to compensate for platform fees.
3. I only take commissions when I know I can complete them within a timely manner - usually within a month. I will always inform clients if I expect a commission will take longer, and keep each client up to date with progress. You are welcome to ask about the status of your commission.
4. I will not work to strict time restraints; however if a certain date is given and agreed upon at the start of the commission I will try my best to complete work for such occasions.
5. Commissioned pieces are for the exclusive use of me and the commissioner and/or the current owner of the character(s) drawn. No other parties may use said artwork in any way.
6. Commissioned pieces are not to be replicated under any circumstance, be it commercially or otherwise.
7. Commercial licenses and reselling rights (including but not limited to: merchandise, monetized videos, music releases, book releases, video game releases) are not included and strictly prohibited unless otherwise discussed and agreed upon in writing.
8. Minor revisions of the artwork may be requested after completion, however larger and/or multiple edits will require a fee. I will fix any mistakes made on my end without a fee.
9. I will not change the character requested to be drawn once payment has been received.
10. I will only accept commissions of characters with visual, coloured references provided - I will not work off of descriptions.
I, as the artist:
11. Reserve the right to use any commission as examples of my work and for my own portfolio, including posting to my social medias.
12. Reserve the right to deny any commission as I see fit, with or without written reason.
13. Reserve the right to cancel and refund a commission throughout any point in the commission process, with or without written reason.
14. Reserve the right to change these terms in the future.
You, as the client:
15. Have personal rights of the commissioned artwork, where no monetary gain is involved.
15.(i) May add the artwork's final monetary value to a character/design you sell on, unless this is strictly prohibited by the design's original creator.
15.(ii) May re-upload the commissioned artwork to other sites; providing I am credited by my username 'dreamimir' and/or a link to my social medias is present on each submission including the commissioned work.
16. May not claim commissioned work as your own, resell the commissioned artwork or use the commissioned artwork commercially.
17. May not remove the watermark, edit, trace, recolor or otherwise alter my work under any circumstance.
18. May not use any work provided to you for machine learning or derived technologies (Artificial Intelligence, Machine Learning, AI/ML training) or for any profit platforms or purposes, including NFT and blockchain. Such usage is completely prohibited and may result in legal action taken.
18.(i) Should you decide to change, adjust or create derivatives of the commissioned artwork through the use of machine learning or derived technologies, this will be considered an automatic purchase of exclusive rights, which will incur a standard fee.
CHARACTER DESIGNS:
This refers to original characters (OCs) sold as either adoptables or as custom made designs for the client.
I, as the designer:
19. Reserve the right to use any character design work as examples of my work and for my own portfolio, including uploading to my social media.
20. Reserve the right to deny any custom or sale of a character design, with or without written reason.
You, as the client:
21. Must credit me for the original character design when uploading artwork of them to any site, either by tagging my username 'dreamimir', and/or linking to my socials.
22. May change the species, markings, colours, etc of the design - you have full creative freedom, though you may not change the original artwork in any way.
23. Character designs and customs do not come with commercial rights - you may not use the design for commercial use unless previously discussed with me - this will require an extra fee, however I am not currently providing this.
24. May gift, trade or resell the design - reselling is only permitted at the original price of purchase, or at the sum of original price in addition to any paid for artwork - this does not include trades or gifts.
24.(i) May not "voucher" my designs. Regardless of the determined value of any trades, after a non-monetary trade has taken place the value of said design thereafter is reset to $0, and may only be traded on or sold at any additional artwork value paid for after the trade.
24.(ii) May not voucher a design in the instance of another party paying for something else to obtain said design at a set monetary value, unless you yourself have paid that amount for the design beforehand.
25. If creating a copy / replica or sister character of a design by me, please inform me of doing such, as well as credit me as inspiration and state that it is a replica design.
26. May not make an original (closed or open) species out of my designs.
Regarding my Original Characters, designs made by me and under my ownership:
Any use, including but not limited to redistribution, plagiarism and/or any use of said IP in commercial or profitable means is strictly prohibited. None of my designs are free use, you may not use them in any way.
COMMERCIAL USE
As of November 2020, inquiries into commercial use of my artwork and designs are closed. This may be an option in the future, though I need to work out fair pricing going forward. I will make an announcement when these re-open.
Failing to adhere to any of these terms will result in immediate blacklisting from my business, along with possible legal action taken.
This also includes any party outside of clients to be found breaking my TOS, (including: colourpicking, tracing, referencing, stealing, re-uploading, removing the watermark or editing any of my work, designs or characters in any way, using my work in NFT, blockchain or otherwise profit based platforms, using my work in AI, machine learning or derived technologies) - any use of my artwork or my intellectual property without my written permission is explicitly prohibited and will not be tolerated.
I reserve the right to withdraw business with any party I see fit, with or without written reason.
In the instance I still owe art etc. to a party I intend to blacklist, any and all owed artwork will be completed and delivered regardless, or a full refund will be issued if applicable.
For my clients - though I cannot control or monitor this, I ask that when possible, my wishes of blacklisted parties not obtaining any of my designs are respected and honoured.
Blacklisted parties will not be listed publicly however you may ask for access if planning on rehoming one of my designs.
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