The following terms are non-negotiable conditions in regards to ANY of my artwork and/or merchandise.
My works include, but are not limited to, sketches, icons, WIPs, comics, full works, and merchandise.
You AUTOMATICALLY enter into this 'contract' when viewing my works (whether it be here or on another site) and/or gallery full of my artworks, when commissioning me.
☂ GENERAL TERMS
• By commissioning me, you acknowledge that you have read, understand, and agree to ALL my Terms of Service.
• Please write in a clear and neat manner when commissioning me to avoid confusion.
• I have the right to refuse any commission request for any reason.
• If you engage in any inappropriate behaviour, such as being rude or trying to bribe me, you will be refused service. Repeated behavior will result in being blocked without warning.
• Commission requests may be subject to additional charges for complex design.
☂ PAYMENT
• All commissions must be paid in full, upfront, before I start a commission.
☂ PROCESS
• Commissions typically take me between one week to one month.
• Each and every commission is done in a first come, first served (FCFS) basis, so please be patient with those who came first before you.
• Some factors that vary time are:
I. The order of which I receive commissions.
II. The complexity or style of your order/character.
• I do my best to complete commissions in a timely manner, but sometimes school can affect my working time.
☂ CUSTOMER SATISFACTION
• I am always careful to follow the commissioner's requests as closely as possible, while still maintaining my artistic style. If I have made a mistake on your commission, please let me know so I can fix it!
• I will fix small details that might be overlooked like small markings/colorations free of charge. HOWEVER, If you provided me with an unclear reference that caused me to have to improvise on markings, colors, etc, and I get it wrong, there will be a 5 USD fee associated with fixing it. This is because I am working from what I am given; it is not my job to go search for more pictures of you character to figure out its design. So PLEASE provide me with a good reference.
• I accept visual references. Simple and small descriptions. Descriptions that are more than 2 sentences long.
☂ COPYRIGHT
• I will NEVER sell artwork or commissions that include the commissioner's or anyone else's original characters (OCs).
• I, the artist, hold all copyright to the produced artwork, not the commissioner.
• Therefore, I am allowed by law:
I. To reproduce the work in copies or photo records;
II. To prepare derivative works based upon the work;
III. To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; and
IV. To display the copyrighted work publicly
• In addition to copyright, certain authors of works of visual art also have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act.
• It is illegal for anyone to violate any of the rights provided by the copyright law to the copyright holder.
(Source: Artists Rights Society, http://www.arsny.com/basics.html )
• The following is considered copyright infringement:
I. Reproducing/using my artwork commercially (making money off of it by any means)
II. Taking credit for my artwork
III. Removing my watermarks/signature
IV. Editing/altering the artwork itself without my permission
• I have the right to post your commission wherever I please, both on and outside of dA (such as Tumblr) to promote myself/my art. However, I will always properly credit the commissioner for their character.
• If you want your commission to be private (sent directly to you and not posted anywhere) I will charge a privacy fee.
☂ CANCELLING / REFUND POLICY
• If you'd like to cancel your commission, please note me.
• Refunds are given if either:
I. I am unable to complete your commission for any given reason.
II. I have not yet begun your commission, and you have requested a refund.
• Any commission cancelled after I have started does not qualify for a refund.
✖ PROHIBITED
• You are NOT allowed to copy any works or illustrations of these sites commercially.
• You are NOT allowed to reproduce, redistribute, and/or post any of the works found in the following site(s).
• You are NOT allowed to trace any of the works found in the following site(s).
• You are NOT allowed to steal any works.
• You are NOT allowed to create bases or templates out of any of my illustrations.
• You are NOT allowed to claim any artwork I create as your own
• You are NOT allowed to sell or use any works found in my site(s) in any way, shape or form.
✓ ALLOWED
• It is OKAY to share ONLY IF you give credit.
• It is OKAY to use any works as your profile picture ONLY IF you give credit.
• Commission prices, the Terms of Service may change at any given time, without prior notice.
• All of characters represented in personal pieces are copyright to me unless otherwise stated.
• Original characters may not be used or claimed by another person or group without my written permission.
☂ CONTACT
If you have any questions, don't be shy and feel free to leave me a message at MADISONKEMPHER★GMAIL.COM (★ → @). I’ll reply as soon as I can.
☂ AGREEMENT
You agree that you will stand by my Terms of Service at all times and for all reasons, and you will be held accountable if they are broken.
CREDIT: ENZOUKE. THEY GAVE ME FULL PERMISSION TO USE/EDIT THEIR TERMS FOR MY BENEFIT. PLEASE ASK THEM FOR PERMISSION BEFORE USAGE OF THESE TERMS AT enzouke★gmail.com (★ → @) THANK YOU.
Artists&Clients
