@kotorirod

- Terms of Service -
Updated 4/12/2024

DISCLAIMER

• By purchasing my services (art), you automatically agree to the following conditions.
• Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.
• If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.
• I do not allow my art to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artwork.
• NFT usage is strictly forbidden.
• If you have any questions, please contact me

CONTENT RESTRICTIONS
I have the right to refuse projects and requests according to my discernment and capabilities. Some content that I will not be comfortable with representing include:
• Loli or underage
• Hate Art
• Explicit NSFW
• Realisim
• Explicit GoreTIMELINE AND PROCESS
Once I confirm the commission, I will start working on the sketches which you will then receive via DMs. This may take up to 1 week to 4 weeks depending on my work load/personal life.
I will then work on the commission as requested. Upon completion, you will receive an Square invoice in your email which will contain your commission without my watermark.REVISIONS
You are allowed two total during the process. (i.e. After line art, only minor revisions are allowed.)
Additional charges for excessive revisions may be required.
Revisions may affect progress and timeline.COMMUNICATION
I will use Bluesky/Discord DMs to communicate and track status updates on Google Docs Excel.My response time may vary, up to one week in order to provide better or more concrete updates.RIGHTS & USAGE
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.Client Rights - Clients receive exclusive usage rights to the Work for commercial and personal use.Personal use meaning: 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.Commercial rights meaning: usage of Work on streams, videos and other content such as:
• social media profile picture
• social media posts
• personal website display
• physical prints and products that are not for sale;
• usage of the art for streaming;
• Youtube Thumbnails
• Patreon or any paid membership perks
• Commercial Video Game
• E-Book Cover

COMMERCIAL USAGE AGREEMENT
• If you wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.
• The minimum price increase 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.
• The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards etc).COMMERCIAL USAGE AGREEMENT
License for merchandise and distribution is included only in dakimakura and mousepad illustration services.
Additional charges will be required for license for merchandise and distribution typically 2x of the original cost.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.
Client must not edit or modify Work in any way without prior permission from the Artist. Meaning you can not redraw and reuse any part of commissioned illustration without my permission. Adding text/overlay/chat/etc over it is allowed.Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.CANCELLATION & REFUNDS
If Client requests cancellation, a partial to full refund may be provided if cancelled within 2 days before work starts.
No refunds are possible after work begins unless initiated by the Artist.
If Artist cannot complete work or there are delays for unforeseen reasons, the Client may be eligible for a full refund.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.Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.

COPYRIGHT
• I reserve the right to sign and/or watermark my own work. I will send you a full resolution image (by email or DMs), but my signature will remain on both the full resolution and smaller versions of the Artwork.
• You are responsible for protecting your ownership over rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading on external sites.
• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, I may do whatever I wish with the art (eg. post it to other sites such as Instagram) but will give proper credit to you for ownership of the character’s design.
• In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.
• In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the Client.NDA - PIRVACY REQUEST
• If you wish for your request to be private, it must be stated during the ordering process.
• I reserve the right to charge a fee if I deem fit.
• The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.
• However, this also means that you must refrain from sharing any such spoilers yourself.
• This is especially important to consider if you are a Vtuber and want me to keep assets private until your debut.
• The NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee.

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