The services offered and described below are for DIGITAL GOODS ONLY. The commission will not be shipped to a physical address nor does the Artist have any obligation to deliver the commission in a physical format to the Client.

The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.

The Artist has the right to refuse any Commission request without needing to explain.

The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.

The Artist warrants and represents that, to the best of his knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained consistent with the rights granted to Client herein.; that all work or portions thereof obtained through the undersigned from third parties is original and that consent to use has been obtained consistent with the rights granted to Client herein; that the Artist has full authority to make this Agreement; and that the work prepared by the Artist does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Artist’s produce that may infringe on the rights of others. Client expressly agrees that it will hold the Artist harmless for all liability caused by the Client’s unauthorized use of the Artist’s product to the extent such use infringes on the rights of others.

The Artist reserves the right to use existing commercial licensed or commercial free construction assets including, but not limited to, brushes, vectors, symbols, patterns, templates, 3D models as well as educational materials such as anatomy, pose reference, tutorials and so on. Purchases of said assets will be done of the Artist’s own accord and the related charges will not be added to the Commission pricing.

By commissioning the Artist, The Client is purchasing the Artist’s labor only, meaning the Artist retains all rights to the Commission and its process, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.): or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

The Artist reserves the right to sign and/or watermark the Commissioned Work.

The Artist will not post the full resolution of the Commissioned Work and without the proper watermark. The watermark will include the Client’s and their shared party’s public name/handle to credit the original character design(s) unless decided otherwise in the Commission Agreement.

The Artist may not claim rights to a character’s design and unless it was designed by the Artist (ArticusB).

The Art process will most likely be posted on Twitter and/or streamed on Twitch or Youtube unless Clients request otherwise before the Start of Work. See Term 13 for conditions related to Non-Disclosure Agreement.

The Artist has the right to pursue damages under United States Copyright Laws, should there exist a copyright violation in addition to a breach of these Terms of Service.

The Client agrees that it shall not hold the Artist or his agents or employees liable for any incidental or consequential damages that arise from the Illustrator’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Illustrator or a third party.

The Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of the Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.

The Client must specify the content of their Commission to the best of their ability in the provided Commission Request Form prior to a Commission Agreement. A complex Commission (e.g. a character with complex designs or detailed materials) may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

The Client holds the right to make changes to the Commission Request (e.g. change the character, agreeing to simplified design changes) in response to the proposed quote

It is assumed the Client will not submit or use stolen designs for their commission request.

If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work. Rush fees are at least 25% of the Commission’s quote. Fees might vary depending on the project and the timeframe provided.

If the Commission is defined as confidential or private in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to indefinitely defer display or deny Artist rights under Term 7. A Client may also not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.

When a Commission is defined as confidential or private in the Commission Agreement, the Artist may not share any previews in Profiles or stream the Commission on any platform including private online spaces (i.e. Discord streams).

Preliminary Work/Sketches: Artist agrees to submit the number of rough and final sketches agreed upon in the Commission Agreement prior to Start of Work for client approval. The number of sketches offered varies based on job type. Additional fees will be charged to Client for revisions made after such sketches and for all revisions that reflect a new direction for the assignment or new conceptual input.

Finished Art: Client agrees to pay Artist an additional fee, to be negotiated separately, for changes requested to final art where Client asked Artist to proceed directly to final art.

No additional fee shall be billed for changes required to bring final artwork up to original specifications or assignment description (e.g., adding missing details and characteristics). Client agrees to offer Artist the first opportunity to make any changes to final work.

The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a revision process is agreed upon in the Commission Agreement prior to Start of Work.

The Client does not have any rights to any of the previews of the Commissioned Work and thereby is prohibited from sharing or using any of the preview images.

Digital art Commissions will be delivered to the Client as an attachment file in Email, DMs or in an online download location (e.g. a dedicated Google Drive folder) in .PNG format; This does not include the Commission native files (e.g., .psd, .clip, etc.), unless agreed upon in the Commission Agreement.

The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.

The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement.

Nobody, including the Client, is allowed to use the Artist’s art for and/or in any blockchain or blockchain-related technologies (Cryptography), including, but not limited to, the creation of Non-Fungible Tokens (NFTs), cryptocurrency, and/or similar current or future inventions in the space. This applies to both the original file of the Commission as well as any edited or remixed versions of the Commission.

The Artist also prohibits using any of his art, including the Commission and any edited or remixed variants of the work, to train or feed any artificial intelligence (AI) or Machine Learning (ML).

The Client may display the Commission in Profiles and/or personal (i.e not business or profit related) websites as long as credit is visibly given to the Artist (e.g. “Drawn by ArticusB”). Linking to the Artist’s website or social media is greatly appreciated, but not necessary. Commissions in Profile displays cannot breach Term 13, Term 21, Term 22, and Term 26

The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission was discussed under new Terms of Services for Commercial Purpose Commissions prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement: additional fees may apply.

Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

The Client may not display or upload the Commission in a gallery intended to display the Client’s own work.

The rights of the Client(s) may not be transferred to any other parties.

The Client may not distribute, reproduce, or otherwise profit from the Commission unless otherwise covered in new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein (see Term 26).

The Client may not edit, alter, or trace (e.g. to use as a base for Client’s own artwork) the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

The Client may use the digital (.png) file for local printing, so long as it does not breach Term 19, Term 19a, Term 19b, Term19c, Term 21, and Term 24

The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 8 will be applied as necessary.

The Client will not permit any use of the Commission or misuse the Artist’s name in any way which would reflect discredit on his reputation as an artist, or which would violate the good spirit of the Commission.

If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service may be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work. Please understand drafting a New Terms of Service and Pricing for Commercial Purposes will take time to discuss and finalize the details of.

The Artist reserves the right to cancel a Commission due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

If at any point the Client has failed to respond to messages or status updates provided by the Artist for a period of longer than one month, the Commission will be considered cancelled and further work will require renegotiation.

Upon cancellation, Artist retains all right to the art, and all original art and copies thereof must be returned, including sketches, comps, and or other preliminary materials, and Client shall cease usage of the Art and permanently delete all digital copies thereof.

The Artist also reserves the right to cancel the Commission and refund the Client in full for any reason.

Refunds may only be requested if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any Terms of Service are breached.

The Artist has the right to revoke access to, and Stop Work of, the commission at any time after Start of Work per Term 27 and Term 29

If the Artist has not started the Commission after three months (90 days), the Commission will be cancelled and the Client will receive a full refund.

If the Artist cannot complete the Commissioned Work or the Commissioned Work is significantly delayed by 3 months (90 days), the Artist must let the Client know and offer either a partial refund if the art done up to that point is accepted by the Client or a full refund.

The Client reserves the right to request the stop of work during the Commission Agreement development or after State of Work if not in violation of Term 30 or Term 30a, but is not subject to receive a refund from the Artist after Start of Work.

If the Client issues a chargeback, the Client will lose all rights to the Commissioned Work.