[ Portfolio ] (Terms of Service)

Myiabi

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Created
3 years, 1 month ago
Creator
Myiabi
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By ordering a commission from me, user Myiabi ("the Artist"), you ("the Client", "(s)he/ they") affirm to have read and agree to be legally bound by the following Terms of Service listed below. Failure to abide by the Terms of Service may result in a rejected/ cancelled commission with or without a refund, and/ or a blacklist/ public service announcement. Please note that these Terms of Service may be subject to change without prior notice.

These Terms of Service are in effect as of MARCH 28, 2021.

Jump to:
Section 1.1 - Will Draw
Section 1.2 - Will Not Draw
Section 2 - General
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Payment
Section 6 - Refunds
Section 7 - Commission Process

Section 1.1 - Will Draw

The Artist is willing to draw any of the following:

  1. Human(oid) | Kemonomimi | Anthro*
    (*Anthros that lean heavily towards the feral side instead of human(oid) will be rejected)
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Fanart
  5. Pin-up/ Nudity
  6. Light Gore  
     (Ex. Excessive blood, detached limbs, etc.)
  7. Implied or explicit  Sexual Content
    (if characters involved are not underage)
  8. Characters in appearance of any age range.
  9. Any couple
    ( any sexuality)

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Feral
  2. Mecha
  3. Heavy gore
    (Ex. Detailed internal body parts)
  4. Sexualized underage characters (in actual age and appearance)
  5. Pedophilic or Incestuous relations
  6. realistic style
    (arts are done in my style)
  7. Certain kinks/ fetishes (ex. watersports, DDLG...); the Client is asked to confirm with the Artist beforehand if a certain kink/ fetish is acceptable.

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Section 2 - General

  1. The Artist has a right to refuse the commission for whatever reason, with or without explanation.
  2. The Artist has a right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section 6 - Refunds for more information on cancellations.)
  3. The Client can't cancel the commission after paid ( partially or totally). Ordering it, means to agree with it.
  4. The Artist has a right to upload the commission on any/ all social media (Tumblr, Twitter, DeviantArt, Toyhou.se, Instagram) unless specified by the Client beforehand to keep the commission private.
  5. Payment is to be made upfront, in the time of the order from the Client.
  6. The Artist will not work with deadlines or rush orders.
  7. The Artist does not work on a "first come first serve" basis. Smaller commissions/ commissions that do not take much time may be worked on in between larger commissions/ commissions requiring more time.
  8. NSFW commissions may only be ordered by a Client 18 years of age or older. If the Artist has any reason to suspect the Client is underage while asking for an NSFW commission, the commission will be automatically rejected/ cancelled. 
  9. The Client may contact the Artist at any time to ask for a progress check on the commission. The Client is encouraged to contact the Artist via social media (Tumblr, Twitter, DeviantArt, Toyhou.se, Instagram).

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Section 3 - Image Rights

  1. The Client is paying for usage rights of the art and may make minor edits to the completed commission (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation...).
  2. The Client may use/ reupload the commission for personal/ non-commercial use, but only if proper credit to the Artist (Myiabi) and a linkback to any of the Artist's social media (Tumblr, Twitter, DeviantArt, Toyhou.se, Instagram) is provided.
    1. If the commission includes characters that do not belong the Client, additional credit to the owner(s)/ creator(s) of said characters must be provided when using/ reuploading for personal/ non-commercial use.
  3. The Client may not use the commission for any commercial use unless discussed with the Artist beforehand.
    1.  Works of mine can't be used for NTFs and related uses.  
    2. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are negoatiable.
    3. If the commission includes characters that do not belong the Client, the Client can not use the commission for commercial use unless explicitly written permission from the owner(s)/ creator(s) of said characters is provided.
  4. The Client may not claim the commission as his/ her/ their own work, whether (s)he/ they did or did not make any edits to the commission( Clients can edit whatever they wish on their commission).
  5. The Artist always retains rights on their original art and can use it as example of their work if wished.
  6. The Artist does not claim ownership to any of the characters/ subjects portrayed in the commission. Characters belong to their respective creator(s).

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Section 4 - Delivery/ Turnaround

  1. All commissions will be done digitally.
    1. There will be no hard copies.
    2. The Client is paying for a service/ digital good and will not require any shipping of any kind.
  2. All commissions will be done in an anime/ manga style or as sampled in the style ordered.
  3. All commissions will be .PNG with dimensions ranging from 1000px - 3000px+ at 300DPI, unless specified otherwise. Exceptions may be made, depending on the commission (Minichibis commissions has 350 - 450px ).
  4. The Client can ask for a specific canvas size for the commission if needed.
  5. All commissions will be sent via DM ( The same used by the Client for contacting the Artist) with the completed commission .PNG file attached.
  6. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media, resized and watermarked.
    1. Commissions will be posted on the Artist's social media after the Client has received and approved the original and unmarked commission file.
    2. The Client may choose to remain anonymous when the Artist publicly uploads the commission.
  7. Depending on the desired style and queue, the estimated turnaround is about one (1) week to two (two) months at the latest.
    1. If the Artist has to take longer than two (2) months to complete the commission for whatever reason, the Client will be contacted and informed of the status of his/ her/ their commission.

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Section 5 - Payment

  1. Payment is to be made upfront.
  2. Payment is to be made via PayPal or ko-fi (https://ko-fi.com/myiabi).
  3. PayPal payment is to be done in BRL (Brazilian Currency).
  4. PayPal payment must be sent to Artist's paypal ( If the client prefers it will be done using invoices instead. The Artist will require the Client's PayPal e-mail in the order.)
  5. The Client does not need to pay extra for any of the PayPal fees.
  6. Payment must be sent within 72 hours after confirmation.

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Section 6 - Refunds

  1. If the Artist cancels the commission for whatever reason, the Client will receive a full refund.
  2. Refunds will be given within 72 hours after correspondence.
  3. The Client will not be refunded if (s)he/ they are unsatisfied with the commission.
    1. If the Client is unsatisfied with the commission, the Artist is willing to discuss and make minor edits (ex. adjusting colours), up to a maximum of two (2) times after correspondence. Any desired major revisions (ex. reposing, colour scheme change, etc.) will be charged of $3 usd each revision and $15 usd in case of a full rework.
    2. The only major revisions permitted are details that the Artist may have missed and was specified by the Client in the order form/ correspondence while the commission was still in the sketching/ lineart stage (ex. missing tattoo that's essential to the character's design), all besides that is considered a "rework".

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Section 7 - Commission Process

The following is a sample of the Artist's commission process:

  1. The Client orders a form using any social media, linked by the Artist through DM. 
  2. The Artist contacts the Client via e-mail within 72 hours after the Client has sent the order form, confirming the acceptance or rejection of the commission. Upon acceptance, the final price and details of the commission is confirmed.
  3. After payment (via PayPal), the Client will receive a rough sketch of the commission. Any and all major revisions must be done at this stage.
  4. Upon confirmation from the client that all details are correct and no more changes must be done, the Artist will work on and finalize the commission.
  5. Upon completion of the commission, the Client will receive the commission file via DM. Only minor changes (ex. brightness, colour adjustments, etc.) can be made at this point. Any and all major revisions (ex. reposing, colour scheme change, etc.) will be charged.
  6. If permitted, the Artist posts a resized and watermarked version of the commission on social media.
  7. ((Clients can check the commissions status on here:  Public To- do list ))

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