TERMS OF SERVICE

Posted 3 years, 4 months ago by BGArts

tERMS OF SERVICE 

By ordering a commission from me, user BGArts ("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 FEBUARY 18, 2021.

Jump to:
Section 1 - Will Draw
Section 2 - General
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Payment
Section 6 - Refunds
Section 7 - Commission Process

Section 1 - Will/will not Draw

The Artist's list of preferences:

   Will DRaw  

  • Feral
  • Anthros
  • Humans / Kemonomimi
  • Original Species
  • Pokémon & Pokéfusions
  • Fan characters or canon characters
  • Bright colors & happy themes
  • Memes / references / puns
  • Changing clothing/redesigning clothing
  • Playing with mediums / style
  • Drawing my characters with yours (mine, yours, or others) if in a non-romantic way
  • Drawing your characters with others (if they give express permission)
  • Putting characters in other universes
    •  (i.e. Jurassic Park, LotR, Narnia, Star Trek, etc)
  • NSFW/Mild Nudity

    Will not Draw  

  • Mecha/a lot of technology
  • Gore
  • Medical themes
  • Romance/NSFW with other OCs without prior agreement
  • Racist/Sexist/LGBTQIA+phobic themes (pretty much anything hateful)
  • Conservative political/white supremist/Tr*mp themes
  • No non-con or other extreme kinks
  • Lolita/Shota/Underage NSFW






* Feel free to ask if it's not on the list/you're not sure!

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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 or without 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 (Tumblr, DeviantArt, Toyhou.se, Instagram, FurAffiity, etc.) unless specified by the Client beforehand to keep the commission private. This may incur a fee.
  5. Payment is to be made after the sketch phase, unless previously agreed upon. Sketches will be watermarked.
  6. The Artist will not work with deadlines or rush orders unless prior agreement or rush fee.
  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, but no more than once every two weeks. The Client is encouraged to contact the Artist via social media (Toyhou.se, FurAffiity, DeviantArt, or Tumblr) if the Client is unable to reach the Artist via Discord or email.

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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, recolororing eyes,...).
  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 (Toyhou.se, FurAffiity, DeviantArt, Artfight, or Tumblr) 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. 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 my original style or as sampled in the style ordered.
  3. All commissions will be .PNG with dimensions ranging from 1000px - 3000px+ at 72DPI, 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 3000px will have an additional charge.
    2. Commissions with a canvas size smaller than 1000px 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 300DPI 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 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 completed file.
    2. Art will be watermarked. You may ask for movement/switch between my artist name and chinese name watermarks, as well as the color.
    3. 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 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 after the Client has approved the sketch. The Client is not to send payment upfront.
  2. Payment is to be made via PayPal or DeviantArt Points only.
  3. PayPal payment is to be done in USD.
  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. DeviantArt Points payment is to be made using the Commissions Widget on the Artist's DeviantArt profile page. The Artist will set up a specific slot for the Client to pay through.
    1. If the Client sends the payment for his/ her/ their commission through means other than the Commissions Widget (ex. giving the DeviantArt Points directly and/ or through the Donation Widget), the commission will immediately be cancelled. DeviantArt Points will be refunded in full.
  7. Payment must be sent within 72 hours after confirmation.

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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. 75% refunded if in the sketch stage
    2. 50% refunded if in the lineart stage
    3. 30% - 10% refunded if in the color/shading/final touches stage
    4. The Client will not receive any files of the commission.
  2. If the Artist cancels the commission for whatever reason, the Client will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed.
  3. Refunds will be given within 72 hours 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 incurr fees.
    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 a form using a Google Form , linked by the Artist, or in a pm. An e-mail is required 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 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. The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage.
  4. The Client approves the sketch. Payment is to be made (via PayPal Invoice or DeviantArt Commissions Widget).
  5. Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
  6. Upon completion of the commission, the Client will receive the commission file via e-mail. 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.
  7. If permitted, the Artist posts a resized and watermarked version of the commission on social media.

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By buying or trading a character from me, user BGArts ("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 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 FEBRUARY 18, 2021.

Jump to:
Section 1 - Basic Rules
Section 2 - General Legal
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Payment
Section 6 - Customs

Section 1 - Basic Rules

  1. If the adopt was paid for with either real or digital currency, reselling is fine. 
    1. Please be considerate and not price it way above my sale price if it only has my art. If it has other art, price does not have to reflect the price paid.
  2. If the adopt was traded/gifted, please only sell for either real or digital currency once you have other art of the character. If it's just my pieces, it must only be traded or gifted.
    1. This can be waived with my express permission.
  3. Once the Artist has sold or traded it to you, it's yours to do what you like.
  4. Edit as much as you like, draw on top of my art, etc. Just don't take away my signature or claim as your own art.
  5. If the adopt is from a closed species, please adhere to the closed species rules, such as @Phish-Keeper's rule to be a part of the world or dA group before owning a PK.
  6. The artist is not responsible for the adopt once it leaves their page. They are not responsible for theft, upholding blacklists for designs, or the stories that they portray.

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Section 2 - General legal

  1. The Artist has a right to refuse the adopt sale/trade for whatever reason, with or without explanation.
  2. The Artist has a right to cancel the adopt sale/trade for whatever reason, with or without explanation BEFORE it is transferred.
  3. The Client has a right to cancel the adopt sale/trade for whatever reason, with or without explanation BEFORE it is transferred.
  4. The Artist has a right to upload the adopt art on any/ all social media (Tumblr, DeviantArt, Toyhou.se, Instagram, FurAffiity, etc.) unless specified by the Client beforehand to keep the adopt art private. This may incur a fee.
  5. Payment is to be made before character is transferred. All sales final.
  6. NSFW characters may only be bought/ traded 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 adopt, the adopt sale/trade will be automatically rejected/ cancelled.

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Section 3 - Image Rights

  1. The Client may make edits to the completed adopt art (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation, recolororing eyes,...).
    1. Duplicating characters using edits to resell is not allowed. Do not make copies of the character with the intention to resell for  profit. This includes making it into an original species, making  twins, etc.
    2. The Client is responsible for saving the original file. I do not guarantee to keep the file myself.
    3. The Client is responsible for keeping up the watermark on the art for art-theft protection.
  2. The Client may use/ reupload the character art for personal/ non-commercial use, but only if proper credit to the Artist (BGArts) and a linkback to any of the Artist's social media (Toyhou.se, FurAffiity, DeviantArt, Artfight, or Tumblr) is provided.
  3. The Client may not use the adopt for any commercial use unless discussed with the Artist 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 adopt as his/ her/ their own work, whether (s)he/ they did or did not make any edits to the art.
    1. You may point out and take credit for edits you have made, in fact even  crediting us as both designers if enough change have been made.
  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 adopts 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. The Client may ask if there is a larger dpi version available- there is no guarantee there is one.
  3. 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.
    2. Art will be watermarked. You may ask for movement/switch between my artist name and chinese name watermarks, as well as the color.

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Section 5 - Payment

  1. Payment is to be made BEFORE the adopt is transferred.
  2. Payment is to be made via PayPal or DeviantArt Points only.
  3. PayPal payment is to be done in USD.
  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. DeviantArt Points payment is to be made using the Commissions Widget on the Artist's DeviantArt profile page. The Artist will set up a specific slot for the Client to pay through.
  7. Payment must be sent within 72 hours after confirmation. No holds.
  8. All sales are final - if you no longer want a design

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Section 6 - Customs

  1. Customs are covered under the Commission TOS AND the Adopts TOS. Please familiarize yourself with both.
  2. All adopts done by base are to keep both the Artist's and the base artist's credit.

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By trading art with me, user BGArts ("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 trade 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 FEBUARY 18, 2021.

Jump to:
Section 1 - Will Draw
Section 2 - General
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Cancellations
Section 6 - Trade Process

Section 1 - Will/will not Draw

The Artist's list of preferences:

   Will DRaw  

  • Feral
  • Anthros
  • Humans / Kemonomimi
  • Orignal Species
  • Pokémon & Pokéfusions
  • Fan characters or canon characters
  • Bright colors & happy themes
  • Memes / references / puns
  • Changing clothing/redesigning clothing
  • Playing with mediums / style
  • Drawing my characters with yours (mine, yours, or others) if in a non-romantic way
  • Drawing your characters with others (if they give express permission)
  • Putting characters in other universes
    •  (i.e. Jurassic Park, LotR, Narnia, Star Trek, etc)
  • NSFW/Mild Nudity

    Will not Draw  

  • Mecha/a lot of technology
  • Gore
  • Medical themes
  • Romance/NSFW with other OCs without prior agreement
  • Racist/Sexist/LGBTQIA+phobic themes (pretty much anything hateful)
  • Conservative political/white supremist/Tr*mp themes
  • No non-con or other extreme kinks
  • Lolita/Shota/Underage NSFW






* Feel free to ask if it's not on the list/you're not sure!

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Section 2 - General

  1. The Artist has a right to refuse the trade for whatever reason, with or without explanation.
  2. The Artist has a right to cancel the trade for whatever reason, with explanation.
    (Please see Section 5 - Cancellations for more information on cancellations.)
  3. The Client has a right to cancel the trade for whatever reason, with explanation.
    (Please see Section 5 - Cancellations for more information on cancellations.)
  4. The Artist has a right to upload the trade art on any/ all social media (Tumblr, DeviantArt, Toyhou.se, Instagram, FurAffiity, etc.) unless specified by the Client beforehand to keep the trade private.
  5. Trades must be both completed before transfer of charcters or non-watermarked art can be done.
  6. The Artist will not work with deadlines or rush orders unless prior agreement.
  7. The Artist does not work on a "first come first serve" basis. Smaller trades that do not take much time may be worked on in between larger trades requiring more time.
  8. NSFW trades 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 trade, the tradewill be automatically rejected/ cancelled.
  9. The Client may contact the Artist at any time to ask for a progress check on the trade, but no more than once every two weeks. The Client is encouraged to contact the Artist via social media (Toyhou.se, FurAffiity, DeviantArt, or Tumblr) if the Client is unable to reach the Artist via Discord or pm.
  10. If an adopt trade, it also is subject ot the Adopts TOS.

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Section 3 - Image Rights

  1. The Client may make minor edits to the completed trade (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation, recolororing eyes,...).
  2. The Client may use/reupload the trade for personal/ non-commercial use, but only if proper credit to the Artist (BGArts) and a linkback to any of the Artist's social media (Toyhou.se, FurAffiity, DeviantArt, Artfight, or Tumblr) is provided.
    1. If the trade 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 trade for any commercial use unless discussed with the Artist beforehand.
    1. If the trade includes characters that do not belong the Client, the Client can not use the trade 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 trade as his/ her/ their own work, whether (s)he/ they did or did not make any edits to the trade.
  5. The Artist does not claim ownership to any of the characters/ subjects portrayed in the trade. Characters belong to their respective creator(s).

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Section 4 - Delivery/ Turnaround

  1. All trades will be done digitally.
    1. There will be no hard copies.
    2. The Client is trading for a service/ digital good and will not require any shipping of any kind.
  2. All tradess will be done in my original style or as sampled in the style ordered.
  3. All trades will be .PNG with dimensions ranging from 1000px - 3000px+ at 72DPI, unless specified otherwise. Exceptions may be made, depending on the trade.
  4. The Client may ask for a specific canvas size for the trade.
    1. Trades with a canvas size larger than 3000px will require equal requirements from the Client.
    2. Trades  with a canvas size smaller than 1000px will allow equal requirements from the Client. (Note: Smaller canvas sizes may result in losses to detail/ and or quality).
  5. The Client may ask for the trade to be 300DPI if the Client plans to personally print the trade; however, there will be an willequal requirement from the Client.
  6. All commissions will be sent via e-mail or pm with the completed trade .PNG file attached.
  7. Unless specified not to upload the trade to the public, all trades will be posted on the Artist's social media, resized and watermarked.
    1. Trades will be posted on the Artist's social media after the Client has received and approved the completed file.
    2. Art will be watermarked. You may ask for movement/switch between my artist name and chinese name watermarks, as well as the color.
    3. The Client may choose to remain anonymous when the Artist publicly uploads the trade.
  8. Depending on the desired style and queue, the estimated turnaround is about one (1) week to two (2) months at the latest.
    1. If the Artist has to take longer than two (2) months to complete the trade for whatever reason, the Client will be contacted and informed of the status of his/ her/ their trade.

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Section 5 - Cancellations

  1. If the Client cancels his/ her/ their trade for whatever reason, the Client will only recieve as much as they have reciprocated.
  2. If the Artist cancels the commission for whatever reason, the Client will receive a PNG file of whatever progress of the trade that has been completed.
  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 incurr fees.
    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 6 - Trade Process

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

  1. Character Trades: (for Finished Characters)
    1. Agreement of terms.
    2. Transfer of charcters between the Artist and the Client within 72 hours after agreement.
  2. Character Trades (for Non-finished Characters) or Trades including Art:
    1. Agreement of terms and deadlines
    2. Sketch, line, & color phases swapped if agreed upon, watermarked at artist's discression.
    3. Once color phase is approved, it is on hold until the other side is finished.
    4. Transfer of characters and/or art between the Artist and the Client within 72 hours after both sides are finished.
  3. The 72 hour transfer window can be waived if both parties agree to it.

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By buying/trading/creating one of my species with me, user BGArts ("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 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 FEBUARY 18, 2021.

Jump to:
Section 1 - General
Section 2 - Species Rights
Section 3 - COMING SOON
Section 4 - COMING SOON
Section 5 - COMING SOON

Section 1 - General

  1. Whenever using my species, please refer to their respective pages for individual rules.
  2. In general
    1. Closed Species means you MAY NOT make one of your own without express permission. Permission may or may not be in the form of a ticket.
    2. Semi-Open Species means you MAY make one of your own that DOES NOT have the rare traits without express permission. Use of rare traits require express permission, which may or may not be in the form of a ticket.
    3. Open Species means you MAY make one of your own without express permission.
    4. Amount of characters you may have or you may make as adoptables is up to the individual species.
  3. My Species or the characters made to be in them cannot be used for commercial use. You must edit them out of the species to use in that way, and they may not be therefore called that species.

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Section 2 - SPECIES Rights

  1. My Species or the characters made to be in them cannot be used for  commercial use. You must edit them out of the species to use in that  way, and they may not be therefore called that species.
  2. The Client may use/reupload their character in the species elsewhere for personal/ non-commercial use, but only if proper credit to the Artist (BGArts) and a linkback to any of the Artist's social media (Toyhou.se, FurAffiity, DeviantArt, Artfight, or Tumblr) is provided for the species.
  3. The Artist does not claim ownership to any of the characters made to be within the species. Characters belong to their respective creator(s).

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Section 3 -COMING SOON

  1. Coming soon

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Section 4 - COMING SOON

  1. Coming soon

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Section 5 - COMING SOON

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

  1. Coming soon

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