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TERMS OF SERVICE

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© Yamikuruku 2023
You may not reproduce or communicate any of the content on this website,
including files downloadable from this website, without the permission of the copyright owner. Terms of Service apply.

⬥✦ TERMS OF SERVICE ✦⬥


➤ 1. GENERAL & ENGAGEMENT
a. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design and reference material for the use of the Work.
b. Client warrants that the character design and reference material provided to the Artist are legally obtained and authorised for use by the Client.
c. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.
d. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
e. The Client has to make sure the reference of the character design is up to date and details are easily visible. Artist may decline badly photographed and/or screnshotted references.
f. Artist needs a visual reference, either digital or traditional. If no visual references can be provided extra fees may arise.
g. If the client is rude, showing inappropriate behavior, bad communication or hateful interactions or has a history of bad behavior the Artist may cancel or refuse the commission beforehand.


➤ 2. PAYMENTS & FEES
1.)
a. Payment is upfront, all prices are in EUR. The primary payment option is paypal but the Client can also ask to request a commission via Ko-Fi.
b. Payment plans are avaiable for commission starting at 150 EUR.
c. The Artist sends out an Invoice which has to be paid before they can start with the commission.
d. Prices are not negotiable, can not be traded for goods or other art.
e. If the Client wants to tip the Artist it can be done directly on the invoice or after, using the option to use Ko-fi. Tipping does not lead to any special rights.
2.)
b. Invoices will be sent upfront after all details are discussed with the Client and the Artist is ready to start.
c. Invoices must be paid within 72, or the project may be cancelled.
d. Prices are in EUR, and primarily paid with Paypal. Ko-fi payment can be requested but a fee may apply.
e. Prices may vary or change depending on complexity, requirements and/or additional requests.
f. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
g. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.


➤ 3. PROCESS
a. Work completion requires 2 weeks minimum, and may take up to 2 month depending on each project complexity and the Artists workload.
b. Timeline depends on commission type, complexity, and workload.
d. Artist provides regular progress updates.
e. Final deliverables are provided by the Artist using Google Drive or similar file transfer tools. Files can be also requested by email.
f. If there are any delays and adjustments to timeline, the Artist will inform the Client.
g. Clients have the right to request refunds 3 months after deadlines if Work has not been delivered and Artist did not show any progress updates.

➤ 4. REVISIONS & EDIT POLICY
a. If the first sketch is not what the Client envisioned the artist will make sure to provide another sketch to fit more to the Clients ideas.
b. The Client automatically loses the right to own the old sketch/art piece when the Artist provides the Client with a new sketch.
c. After line art, only minor revisions are allowed.
d. The Artist will fix any color mistakes that appear.
e. Additional charges for excessive revisions may be required.
f. Revisions may affect progress and timeline.
g. The Artist will not change any major things as soon as the work is completed.


➤ 5. COMMUNICATION
a. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
b. Communication channels may include Twitter, Instagram, Tumblr, Discord or via email - according to Artist discretion.
c. Artist response time may vary, up to one week in order to provide better or more concrete updates.
d. Artist reponse time also may vary due to workload.
e. If the work is commissioned with the intend of it to be done in a certain timeframe please notice the Artist beforehand and extra details can be discussed. Extra fees may arise depending on the urgency and complexity.


➤ 6. RIGHTS & USAGE
a. Artist Rights
I. The Artist retains copyright, ownership, redistribution and intellectual property rights.
II. Which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.
III. Incompleted art is not allowed to be used and completed by other Artists and/or the Client themself.
IV. The Client agrees that they are not allowed to trace the finished artwork, resell the artwork, edit the artwork and to remove the copyright/watermark from the artwork.
b. Client Rights
I. Clients receive exclusive, non-transferable usage rights to the Work for personal use.
II. Personal use means: display on social media accounts for promotional purposes with no direct monetization such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
III. Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
IV. Client must not edit or modify Work in any way without prior permission from the Artist. If edits are wanted the Client is expected to contact the Artist.
V. Client is not allowed to remove the Artists watermark.
c. Commercial Rights
I. Commercial usage rights are not included and currently are not offered.
II. Commercial rights means usage of Work on streams or any monetized instances, or selling or reselling Work to another party, as a part of any product, or on another platform.
III. Usage of Work for AI (artificial intelligence) tools; platforms or programs, ML (machine learning) tools, platforms or programs; AI training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.


➤ 7. CANCELLATION & REFUNDSa. No full refunds are possible after work begins unless initiated by the Artist.
b. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund.
c. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund only.
d. Refunds will be given over the integrated refund system provided by paypal.
➤ 8. CONFIDENTIALITY
a. The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, payment information, or sensitive business information), shall be considered confidential information and shall not be disclosed to any other party.


➤ 9. REDEMNIFICATION
a. If Work is not delivered as agreed or the Client's rights are violated during the process , the Client agress that they will message the artist first so that the Artist will work to remedy the situation first.
➤ 10. ACCEPTANCE
a. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
c. Client agrees that they have the rights to the paypal account used in the invoice.


⟣ The Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
Client agrees that they have read the terms of services and that they are 18 years or older.
⚠️
⟣ The Artist does not support NFTs (=Non Fungible Tokens) and also does not allow the art to be minted, used for blockchains or sold on any NFT platforms. Usage of work for AI (=Artifical Intelligence) tools is prohibited.

© Yamikuruku 2023
You may not reproduce or communicate any of the content on this website,
including files downloadable from this website, without the permission of the copyright owner. Terms of Service apply.


⬥✦ FREQUENTLY ASKED QUESTIONS ✦⬥

✦ GENERAL QUESTIONS
Where can i see the status of my commission?
I have a to do list ( where you can always check my progress. Please use this opportunity to see if i already started with your commission or not.
Keep in mind that i might have a different Timezone (UTC+2) ; i usually work from tuesday to thursday and rarely work on weekends.

-> check my to do list here.
What canvas size/resolution do you use?
Depending on the commission, anything other than a icon has no fixed canvas size but similar dimensions. Icons usually go by 2000x2000 pixel. Busts/Halfbodies start at 3000 pixel and Fullbodies can start at either 7000 pixel or 10000 pixel.
All my drawings are drawn on a canvas with 144DPI.

✦ PAYMENT
Do you use any of my personal information that is written on the invoice when i pay?
I don't use any of your personal information because i don't need it. Your shipping address will be turned off and i will also not look at your name. I only care about the invoice being paid not how you are called. Deadnames are none of my business.
What happens when i do not pay?
If you don't pay the invoice within 72 hours I will cancel the commission.
I don't work on the commission before i get the payment.
If you can't pay or you wait for your paycheck you can always ask if i put a slot on hold for you - i will do that and you then can tell me when you are able to pay so that i will send the invoice later.
I didn't get an invoice. How should i react?
If i send you an invoice and you didn't recieved an email please check your paypal dashbord for any open or pending transactions.
If there still is nothing, please contact me so that i can send an invoice reminder.
Do you accept partial payment?
We can make a payment plan for commissions starting at 150€, please mention this beforehand.
How much fees do i need to pay when i am paying for your commission?
You don't need to pay any fees for paying via paypal.
All my prices already have the payment/invoice fee and conversion rate included.
I want my character to wear special clothes, how much is that extra?
I don't take extra fees for normal clothes. The only time where i may take fees is when your character is wearing armor or a full of details and a fancy robe/dress! Just ask if you have any questions regarding this topic.

✦ WORK IN PROGRESS/UPDATES/WAITING TIMEWhen can i expect my work to be done?
My usual turnaround time is around two weeks up to two months.
Please also consider checking my queue before asking since i will update my Trello quite often!
Can i get priority?
If you want the commission done at a certain time please say so beforehand. Fees may apply.
How often will you send me WIPs/Updates?
I usually send the sketch, fixed sketch and then the finished piece when it's a simple commission.
Other than that i also send sketch, lines and colors when i want to be sure that i made everything correct.
Please tell me upfront if you want to see more than the sketch.
I decided that i want to have a different character on the drawing. Is that possible?
If i haven't started yet it is possible for me to change the character.
But when i am already working on it it's of course more work and i don't accept that.
Please think about your decisions carefully when ordering art with other characters because changing them mid-work is not possible. That also counts for couple commisisons.

✦ COMMISSIONER AND ARTIST RIGHTSAm i allowed to upload my commissioned work?
You are allowed to upload my artwort as long as you do not profit out of it.
Make sure to credit me or link back to my carrd.
Am i allowed to use your drawing to produce merchandise and/or similar?
My commissions are for personal use only. When you buy a commission i expect you to not mass produce or resell the art. You are not allowed to profit off my art.
Can i use the drawing for NFTs and/or similar?
Same as mentioned above - No.
Additionally i am against NFTs in general and will not support any of this.
Can i get the art without the watermark?
The simple answer is: No.


Disclaimer

⚠️ The Artist does not support NFTs (=Non Fungible Tokens) and also does not allow the art to be minted, used for blockchains or sold on any NFT platforms. Usage of work for AI (=Artifical Intelligence) tools is prohibited.
⚠️ The Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.

If none of your questions got answered here feel free to contact me or just include it in the message when ordering a commission!

© Yamikuruku 2023
You may not reproduce or communicate any of the content on this website,
including files downloadable from this website, without the permission of the copyright owner. Terms of Service apply.