Terms of Services - TOS

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Lord-Kiviniik's avatar
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By commissioning me in any kind of way, you are agreeing to the terms of service below.

Any statement can be bound to change if discussed with me, the artist, prior to the commission.

By requesting and/or paying an invoice or send money to me, you agree and confirm that you are of legal age and/or have permission by a legal guardian.
Me, the artist, do not and cannot take responsibility if the buyer is of minor age and/or does not have authorization by a legal guardian.
All damages, either real or possible, past or future, is not the responsibility of the artist.

I. GENERAL TERMS.


Please write in a clear and nice manner.
Provide neat references. 
Not a wall of text.
Any ill behaviour will not be tolerated and your commission will be canceled if it occurs.
Follow the rules provided in the commission journal, YCH or Adoptable deviation.
If you fail to follow the rules provided I have the right to decline your commission.

II. PAYMENT


All payments must be made in USD, via Paypal invoice method. I will invoice you. You must note me first with your Paypal information. Please do NOT send me a payment first, unless I specify otherwise.
All commissions must all be paid in full upfront.
In the case of a payment over 300$ OR if discussed beforehand, I require half upfront and the rest upon completion.

Any adoptable must be paid in full piror to claiming it.
The currency accepted is USD.
The points shall only be paid through the commission widget unless stated otherwise.

III. PROCESS


Work In Progress will only be given if the commissioner personally ask for it and
WIPs might be given as well if I the artist, wonder something about the commission.

The time for your commission to be completed can be up to 3 months depending on many factors such as;
Health, order of commission, complexity, Work, school or family issues.

If any of the things stated above occurs you will be notified asap.

IV. CUSTOMER SATISFACTION


I will do everything I can to make my customers happy.

During Sketch phase, any number of changes may be made as long as the total time taken to make these changes do not amount to an hour or more.

However after a commission is finished only small changes are allowed to be made.
Such as small colouring/marking mistakes.

Each Commission, no matter the type, has a free 3 small changes policy.

Any great changes will come with an extra charge. 
Such as an outfit change, outfit addition or subtraction, background change or anything that makes me have to redraw it completely.

If your reference was unclear to start with, then you are not allowed to do minor changes without a fee.
Make sure to be clear in your order what you aim for.

If the mistake(s) are my fault, NOT an omission of the client's part (Unclear references, unclear descriptions of wanted product, etc), I will correct it for free.


V. COPYRIGHT / USAGE POLICY


I, the artist, hold every right to the produced drawing, not the commissioner.

Therefore I´m allowed to use the copyrighted artwork to;
Promote myself with in any place or site.
Publish books with.
To display it anywhere to my liking.
Post it wherever I want.

The commissioner are allowed to;
Use the copyrighted artwork for personal use only unless agreed otherwise.
Print the art, and claim the right of their character(s) but not the drawing itself.
Use the art to promote themselves with proper credit given to the artist.
Post the artwork to their personal pages only with credits.

If you break the copyright infringement in any way, every right you had to the drawing will be retracted.

The following is considered Copyright infringement:

Reproducing/using the copyrighted artwork commercially. (Meaning making money of it in any way)
Taking Credit for the creation of the artwork.
Removing any watermarks/signatures. 
altering the artwork without my, the artist´s, consent.

Any use, commercial or not, by any party that is not me, the artist, or the commissioner, is not allowed.
This include but is not limited to Commercial uses, non-commercial uses, advertising, posting the artwork on the internet, using the artwork as advertising, etc.

Adoptable Rules


Adoptables are purchased designs which you may use to create your own character. You may name the character, create a personality and background information for the character as well as make minor design changes. However you may not edit/alter the original art for the design (without consulting me), the original world and lore, or guidelines of the species you have purchased.
You may NOT claim the original artwork, species, or species lore as your own. You may not use the design for commercial purposes or other outside projects.
Regarding $ or any form of currency. Only resell your design for an equal or lower amount to what you paid for it, unless discussed with me first
Trading is accepted.
You MUST notify me if your design changes hands. I prefer to keep track of my designs for both mine and buyers' reference, and this helps to avoid confusion and possible bad trades.

All designs created by me are for non-commercial uses only, unless discussed with me beforehand.


VI. CANCELING/REFUNDING POLICY


I have the right to cancel and refund the money for your commission at any time.
You have no right to cancel or demand a refund from the artist under any circumstances after payment are received, unless discussed with me first, and both parties agree to a refund.
If money has not been sent yet the commissioner has the right to cancel the commission.

I do not accept refunds for adoptables, customs, or commissions. This also applies to customs that have been completed from trades.

If you file a chargeback against me, your right to everything I have ever made for you will be retracted and I have the right to sell the copyrighted artwork to new buyers.
You will forbidden to ever commission me, Kiviniik, ever again.
Your name will be publicly posted everywhere I want to for others to watch out for. 
I also have every right to file a complaint and I have all the right to the money you have given me for the service.


Any statement can be bound to change if discussed with me, the artist, prior to the commission.
These Terms of Service may change at anytime with or without notice.

 
© 2015 - 2024 Lord-Kiviniik
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