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My Terms of Service by Sparkyopteryx

The Terms of Service listed is for Non-Commercial use only. Terms are subject to change, revision or alteration; updates will be given for major changes.

Last updated: May 7th, 2015

The Client must read and agree to all the below terms outlined before entering into a commission agreement. By sending payment, the Client agrees with the listed ToS.

1)All payments will be handled through PayPal in invoice form. The Artist will send an invoice to the Client's provided email to request the agreed payment. Client may only reserve a commission slot after payment is sent.

2) When paying through PayPal do not add in the comments section that the fee has been included in the payment, and do not add which website you're paying from. Even if there is no cause for trouble PayPal can lock accounts at their discretion if they believe the payment is coming from a questionable source.

3) The Artist will refuse any commission that depicts illegal activities, hateful imagery, blatant discrimination or sexually explicit acts. Overly graphic scenes or gore will likewise be turned down. Non-explicit fetish and artistic nudes, blood and violence will be considered on a case-by-case basis.

4) The Artist reserves the right to refuse to depict copyrighted styles or characters.

5) The Artist reserves the right to refuse any commission for any reason, and may work on commissions in no specific order.

6) Prices listed are the base price and may be subject to change depending on subjects, size, complexity and media used.

7) Client must provide clear, concise and easily accessible visual references and/or sufficiently detailed description of desired subject, setting, mood, or anything else relevant or desired by the Client. If the Client wishes, they may give simple parameters of what they want in the piece itself with the overall details and setting to be determined by the Artist, to be approved by the Client at the sketch phase.

8) Any price lower than $50 must be confirmed and paid in full before any sketching can begin. If final price is higher than $50, the Client can opt for paying in two-stage installments, in which case a starting down payment minimum of $30 is required.

9) It is up to the Client to decide before sending payment whether they want the piece shipped and to be ready to forward the shipping fee. Shipping fees vary with destination, so Client must consult with Artist to calculate accurate shipping prices.

10) The Artist will never discuss commissions over public forums or sites and only through private messages or email, and any inquiries outside of private messages on art galleries are forwarded to the Artist's email bluegoblins@outlook.com to keep a consolidated record on hand.

11) Clients may request alterations or revisions during the concepting or sketch stage only. No more than one full ground-up sketch revision will be done (i.e. a full pose or character re-do), or five minor corrections/alterations (i.e. add/subtract details or props/basic setting or alteration of facial expressions). The Client may have to pay for extra revisions after those listed above ($5 per extra revision). If the piece is not under the purview of “artistic liberty,” the Client is encouraged to provide a detailed description of what they want to avoid too many corrections. In the case of concept or design work, rules on revisions are different; the Artist will outline the parameters, as it differs on a case-by-case basis.

12) Critique by anyone other than the Client is not encouraged. The Artist reserves the right to reject critiques if it reduces the artistic quality of the piece.

13) If the Client wishes to cancel their commission during the sketching phase, they will be issued a refund equal to 50% of the final price of the finished piece.

14) If the Client cancels during/after the coloring or final rendering phase of the piece, they will not be issued a refund.

15) The Artist reserves the right to refuse or cancel and refund a commission due to poor communication or excessively rude behavior. This is also applicable if the Client is unresponsive for unexplained reasons and an extended period of time (one week minimum).

16) The Artist will post regular updates on the progress of most pieces (sketches and simple portraits do not need this) as necessary. It is not required for the Client to ask for these updates, although the Client may still inquire if they wish. The Client is also encouraged to reply as soon as possible when receiving a progress shot so that the art may be approved quicker and therefore not slow down production. Excessive questioning above and beyond what is necessary for the Client may fall under rude behavior and may be subject to cancellation of the commission and a refund (if applicable).

17) The Artist retains rights to display the finished piece on personal websites, online galleries, blogs or portfolios. If the piece is a gift or time-sensitive, the Client may request delay of public showcase.

18) The Artist retains all rights to the commissioned art, and the Client retains all rights and copyrights to characters/subjects. It is within the rights of the Artist to make things such as prints from the commissioned art, however the Artist will request this from the Client first. The Client may not resell the art at a later date, such as from selling a character's design that would have corresponding art of.

19) The Client may not make prints or copies of the commissioned work for profit; only the original art may be resold at a later date (traditional pieces only). The Client may alter or crop the digital version for non-commercial use such as making avatars, wallpapers or the like, but may not alter the physical copy itself. If posted to the Client's personal website, blog or gallery, Client must provide proper credit to the Artist in the form of a name, username and a link to the Artist's gallery. The Artist has the right to request the piece be taken down from the Client's online site or gallery at any time.

20) The Artist may recycle unused or rejected concept images and preparatory sketches for other commission or personal work as the Artist sees fit.

My Terms of Service

Sparkyopteryx

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