Terms of Service

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Last updated: 20/7/23
By proceeding with the commission, you agree to the following terms and to pay all relevant charges.
1. You will not make 18+, sexual or violent content, you will not create sexually explicit, overly suggestive, or lewd content, in association with the brand the products were commissioned for.
2. You will not use language or behave in a way that could be considered discriminatory or vilifying of people of diverse race, religion, country of origin, sexual orientation, gender identity, sex or class. Or otherwise create or be in association with hateful conduct (including mock, offend, vilify or exclude).
3. You are commissioning a product for yourself and will not be transferring or sharing any commissioned products to anyone else. In the event that you “graduate”, quit or any other cessation of intended activities / creation of content, you will cease any use of commissioned products from your stated end date.
4. You will not edit, trace, reconstruct, recolour or otherwise change / manipulate products / pieces without written permission received no more than 3 months ago from myself and only for the explicit purposes and plans presented by you.
5. You will not allow or request another person to do the above without additional permission granted by myself.
6. I retain the right to use for the items commissioned by you for my own purposes/ content and to show the process of creating your commission. (examples. A Live2D showcase, rigging or art streams, Portfolios)
7. YOU WILL CREDIT ME ON EVERY PLATFORM, WEBSITE, PRINT AND WORKS YOU USE MY PIECES IN.
a. Examples - Twitch about, YouTube descriptions, Twitter bio.
8. You have read and agree to follow the current terms and conditions on the platforms you intend to use my products on.
9. You will not use my items in any content or channels that promote or show substance use or alcohol abuse.
10. You grant me licence to use your associated branding for promotion of the works commissioned by you (including but not limited to logo, colour palate, VTuber art etc.)
11. No personal information or contact details revealed during or as a result of the commission will be shared by you either publicly or privately.12. It is your responsibility to provide clear information and references in regards to what you want your commissioned product to be, I am not responsible for miscommunication, missing information or misinterpretation. In the event that this happens you will be responsible for covering the cost of additional time needed to correct this.
13. The above also applies to change of mind.
14. Once I have received payment, I will not be offering refunds or cancelations and as such you must be sure you are happy to proceed before each payment is made.
a. Exceptions are: If I abandon a project for reasons other than in this TOS, in which case I will the give the project at its current state and refund any remaining time that has already been paid.
15. Estimated prices: Prices on website and any estimated prices you have been given are rough estimates only based on previous works and commissioned products may exceed this price.
16. Communications will be through Discord direct messages, Twitter direct messages or e-mail, whichever one(s) agreed upon at the time of starting your commission, this will be the platform you continue to contact me through for the duration of your commission.
17. If you can no longer be contacted, cease or fail payment, or otherwise abandon the project (including a breach of TOS), I am able to reuse the items for future commissions, personal projects and show them for other purposes.
a. Remaining funds will also be considered abandoned and will not refunded.
b. This includes reselling completed commissions
18. COMMSISIONS ARE NOT REFUNDABLE
a. You are paying me for my time
b. You will not attempt a charge back or any other method to retrieve or reclaim funds transferred to me.
19. If you require a commission to be completed quickly or during a peak time for me or move forward the time you want your commission to be completed, then you agree to pay a “rush” charge on top of the commissioned price/ rate.
20. Prices are in USD unless otherwise stated by myself and agreed upon by both parties.
21. In the event of any legal disputes, these will take place in Australia according Australian laws.22. The commissioned products are for your personal and online streaming purposes in addition to your social media presence only (including YouTube videos). Works outside of this (for example merchandise) must be agreed upon beforehand and will result in additional charges as well as royalty payments.
23. For rigging commissions you agree that I will be the only rigger for that model and that for any touch ups, changes or re-rigs you will commission me again for these.
a. If I am the artist, you will not allow any part of the model to be redrawn, touched up or edited in any manner by anyone other than myself.
24. VTuber designs: if I designed the VTuber you will not have another model commissioned based on this design (or directly copied) by any other artist including yourself.
25. Logo design: if you commissioned a logo design from me you will not use any element of the logo for any future designs, graphics or logos unless created by me via a new commission.
26. Payment is to be received before the start of each work period.
27. Commissioned products are not to be used for or in association with NFTs, Cryptocurrencies or other block chain related technologies.
28. You have no rights to reproduce and/or otherwise use the works in any manner for the purposes of training artificial intelligence technologies to generate images/art or graphics ,including without limitation, technologies that are capable of generating works in the same style as the work. Nor do you have the right to sublicense others to reproduce and/or otherwise use the work in any manner for purposes of training artificial intelligence technologies to generate images/art/graphics.
29. Only the files necessary for the commissioned purpose will be delivered, this may mean that editable files will not be available to you. The items will be delivered digitally.Failure to follow these terms will result in your immediate cessation of use of any and all products created by me and the cancellation of any undergoing commissions (without refund).