T O S

By ordering a commission from me, Smores_Graham, 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 AUGUEST 1, 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)* | Anthro | feral |
   (*human(oid) characters that lean heavily towards the human side instead of (oid) will be rejected)
2. Original Characters and/ or sonas
3. fandom / show/movie characters*
   (*only if im at least somewhat familiar with the show/fandom)
4. Fanart
5. Pin-up/ Nudity
   (*I flat will Not do straight up suggestive/sexual. nudity in a neutral setting is all.)
6. Light- heavy gore & candy gore
   (*any type of gore from just blood to full spilled guts aswell as "candy" gore)
7. vent/ vent intended
   
8. Any couple type of any sexuality/orientation (we dont judge here <3 (as long as its a safe ship; so no predatory or pedophilic stuff)
   This includes but is not limited to:
   1. Canon x Canon
   2. Canon x OC
   3. OC x OC
   4. Male x Female
   5. Male x Male
   6. Female x Female

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

1. Humans
2. Explicit Sexual/ fetish Content
3. full Mecha
   (* mechanical limbs/ sections are fine, but a fully (80% +) armored or mecha character is a no)
4. Sexualized underage characters*
   (in actual age and appearance, meaning that if its a "anime" character that looks like a child but is actually 300 years old i will not draw them flat out)
5. Pedophilic relations
6. Incestuous relations

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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 has a right to cancel the commission for whatever reason, with explanation.
   (Please see Section 6 - Refunds for more information on cancellations.)
4. The Artist has a right to upload the commission on any/ all social media (DeviantArt, Toyhou.se, Instagram, Twitter, etc.) unless specified by the Client beforehand to keep the commission private.
5. Payment (if not already made) is to be made after the Client has approved the sketch. The sketch will be resized and watermarked. The commission will be on an "on hold" status until payment has been received.
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. 'suggestive' commissions may only be ordered by a Client 17 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, but no more than once every week. The Client is encouraged to contact the Artist via social media (DeviantArt, Toyhou.se, Instagram, Twitter, etc.) if the Client is unable to reach the Artist via discord.

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Section 3 - Image Rights

1. The Client 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 (@User) and a linkback to any of the Artist's social media (DeviantArt, Toyhou.se, Instagram, Twitter, etc.) is provided.
3. The Client may not use the commission for any commercial use unless discussed with me ( Smores_Graham ) beforehand.
   1. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are negoatiable.
   2. 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.
5. 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 mix between realistic an cartoony style or as sampled in the style ordered.
3. All commissions will be .PNG with dimensions ranging from 700px - 3000px+ at 350DPI, unless specified otherwise. Exceptions may be made, depending on the commission.
4. The Client may ask for a specific canvas size for the commission.
   1. Commissions with a canvas size larger than 3500px will have an additional charge.
   2. Commissions with a canvas size smaller than 500px may have prices negoatiable. (Note: Smaller canvas sizes may result in losses to detail/ and or quality).
5. The Client may ask for the commission to be larger (or smaller) than 350DPI if the Client plans to personally print the commission; however, there will be an additional charge.
6. All commissions will be sent via e-mail or sta.sh with the completed commission .PNG file attached.
7. 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.
8. Depending on the desired style and queue, the estimated turnaround is about two (2) weeks 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 after the Client has approved the sketch. The Client can pay upfront if prefered..
2. Payment is to be made via PayPal or DeviantArt Points only.
3. PayPal payment is to be done in USD (United States dollars.).
4. PayPal payment is be done using invoices. The Artist will require the Client's PayPal e-mail.
5. The Client does not need to pay extra for any of the PayPal fees.
6. Payment must be sent within 42 hours after confirmation. unless the artist was told beforehand payment will not be made till X date.

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Section 6 - Refunds

1. If the Client cancels his/ her/ their commission for whatever reason, the Client will receive a partial refund, depending on how much of the commission has been finished:
   1. 60% mat be refunded if in the early (unfinished) line art stage
   2. 40% refunded if the line art has been finished and still in early coloring
   3. if past the early coloring point refunds will not be possible unless a Absolute emergency as a last resort.
   4. The Client will receive mimimal files of the commission. (if lineart is finished you will recive that.) the artist has the right to re-use any sketches from refunded commissions for Personal use.
2. If the Artist cancels the commission for whatever reason within or before the sketch stage, the Client will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed. If the commission is only in the sketch stage and the client is unlikely to receive a any files of the commission. (any further than the sketch will be given to client)
3. Refunds will be given within 72 hours (3 days) after correspondence.
4. 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 rejected. you are Highely advised to be open and opinionated during the early prosses inorder to have the best results. this means that if the original sketch isnt to your liking PLEASE speak up, the further alon in the commission the less likely i am to fix larger issues.
   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).

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Section 7 - Commission Process

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

1. The Client orders by msging the artist though one of their medias, contact is (preferably) to be kept though discord. An e-mail may be requested for the Artist to get in contact with the Client. The Client's e-mail will remain private and will not be shared.
2. The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage.
3. The Client approves the sketch. Payment is to be made (via PayPal Invoice or DeviantArt).
4. Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
5. Upon completion of the commission, the Client will receive the commission file via e-mail, sta.sh or direct upload to toyhouse. 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 rejected.
6. If permitted, the Artist posts a resized and watermarked version of the commission on social media.

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