COMMISSION SITE

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TOS

This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work"). By commissioning the Artist, the Client agrees to the following terms:1. ENGAGEMENT
Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.
Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorised for use by the Client.
Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
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.
Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
Artist warrants that they will not copy or heavily reference unauthorised materials.
Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord or Twitter, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.2. CONTENT RESTRICTIONS
Artist will not create content that is explicit, offensive, or inappropriate.
Specific restrictions include but are not limited to explicit adult content, heavy mechas, copied styles and gender identities or cultures the Artist may not be able to portray authentically.3. REVISIONS
Additional charges for excessive revisions may be required.
Revisions may affect progress and timeline.
Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.4. COMMUNICATION
Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.Communication channels may include Discord private messages or Twitter private messages according to Artist discretion.The Artist and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.5. RIGHTS & USAGE
a. Artist Rights
The Artist retains copyright, ownership, redistribution and intellectual property rights, 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.The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client's intellectual property rights and ownership of their likeness, character design, branding, identity design or any such trademarks.b. Client Rights
Clients receive non-transferable usage rights to the Work for personal use. Refer to Section 5.c. for commercial rights.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.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.c. Commercial Rights
Commercial usage rights are included in the commission type or listing (i.e. vtuber models, stream overlays, emotes, and so forth)Commercial rights may differ for each commission type. Digital commercial usage rights means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances; physical commercial usage rights means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.In the case of original design work for the purpose and definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production and modification purposes, commercial or personal.6. PAYMENTS & FEES
Full payment must be made upfront if not stated otherwise in the service listing. Invoices must be paid within 72 hours, or the project may be cancelled.Prices may vary or change depending on complexity, requirements and/or additional requests.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.Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.7. CANCELLATION & REFUNDS
If Client requests cancellation, 50% of project fees may be forfeit if cancelled within 7 days before work starts. A partial to full refund may be provided if there is more than 7 days’ notice.No refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist.8. CONFIDENTIALITY
The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.9. INDEMNIFICATION
Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.If Client's rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to Artist negligence, Artist will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction ofthe Client.10. ACCEPTANCE
Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.Agreement date is upon first inquiry/communication or first transaction.