Terms of Service | 2023

Zeraofen's Terms of Service | 2023

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Section I ⁠— General

1. I reserve the right to refuse a commission without reason or explanation. 
2. Inappropriate/aggressive behaviour of any kind will not be tolerated. Should this or a breach of the Terms of Service occur, I may stop or cancel the commission. In which a refund may be applied.
3. Poor communication may also be grounds for stopping the commission.
4. The client must read, understand, and agree to all the        terms. By continuing with the commission and going forth with the payment, the client has agreed to the above terms.

Section II ⁠— Payment/Prices

1. All prices are in USD unless stated otherwise.
2. Prices are subject to change according to size, complexity, and/or detail of the piece at my discretion.
3. Full payment takes place immediately after I accept the commission. 
4. Payments must be made on the platform of the artist’s choice. Paypal (Worldwide) Interac (Canada only)
5. I will send you an invoice for the payment.
6. Ask me about a payment plan, I reserve the right to deny a payment plan.
7. A group commission must be paid for by 1 (one) person in a single transfer in order to avoid complications and miscommunications. 
8. Ask about a deadline. I am allowed to deny a deadline. If a deadline is agreed upon, a fee may apply for it.
9. Final prices stated by me are non-negotiable.
10. Ask about holds. I have a right to deny a hold.

Section III ⁠— Process/Deadline/Communication

1. The client must provide clear and concise references/descriptions of their character(s) in order to avoid confusion. 
2. Any written text or communication must be in English, French, or Spanish.
3. Quotes may be provided at the client’s request. They do not represent the final price. They are only an estimate at the time of sending and can be changed at any point in the future as my rates shift. 
4. Clients may request changes during the sketching process. Changes applied after this check in may require an extra fee based on the nature or complexity of the change.
5. Final commission piece will be sent through email or the platform of the client’s choice in order to receive the full quality image. 
6. The platform for communication must be established in advance so that both the client and I can have a reliable line of communication, whether it be over email, instant messaging, etc. 
7. Allow up to 2 months for commission turnaround.
8. Ask me about private streaming of the commission process. A fee may apply.
9. I reserve the right to have weekends, most of the commission work will be done during business days.

Section III ⁠— Rights

1. The commissioned piece may NOT be used for commercial purposes and cannot be redistributed or reproduced. The client may NOT make any profit off of the piece unless agreed upon, which includes but is not limited to digital prints, physical items, etc.
2. I retain all rights to the piece of artwork itself, including the right to make any merchandise. This would be communicated with the client in advance and have the client’s full consent.
3. Removing my watermark is a violation of these terms.
4. I retain the right to crop, edit, or alter the image for promotional use.
5. I do not claim any rights to any intellectual property or the character(s). 
6. The client may alter or edit the commissioned work as long as they do not claim it as their own.
7. The client may repost the commission on their platforms as long as there is credit.
8. The client may not claim the commissioned piece as theirs in any way, shape, or form.
9. The commissioned artwork may not be resold, unless the character is being sold as a whole.
10. I am not responsible for providing the client with a physical object, print, merchandise, etc. of the artwork, unless agreed upon in which a fee may be applied.
11. The client may print the commission for non-commercial purposes without asking me. Discuss with me the possibility of selling prints of the commission.
12. The commissioned piece and any form or part of it may NOT be used for NFT or any service/product/transaction related to NFT. You may not reproduce or alter the image in any way, no matter how unrecognizable it may become, for use in any NFT related purposes. No derivatives of the commissioned piece may be made into/minted/sold as NFT. This also applies to any commissions in the past and future from me to any and all clients.

Section IV ⁠— Refund Policy

1. If the client wishes to cancel the commission before payment, there are no repercussions. The commission will be cancelled and no further action needs to be taken.
2. If the client wishes for a refund before beginning any work, a full refund will be provided.
3. If the client wishes for a refund after beginning any work, a percentage of the refund will be provided at my discretion based on how much work is done. 
4. If the client wishes for a refund after the commission is completed, no refund will be provided.

Section V ⁠— Other

1. By providing the client with a line of communication to me, the client agrees to act in a professional manner. 
2. The client may not redistribute my contact in any way unless agreed upon by the artist in advance.
3. Should any terms of service be breached, or I incur damages caused by the client, I reserve the right to either issue a takedown DMCA notice or pursue damages through the Copyright Law.

Section VI ⁠— Adopts

1. Adopts may be resold for the same price it was bought, ask me if there is extra artwork that could influence the worth.
2. Notify me when the adopt changes owner. Much appreciated.
3. All adopts can be used for any purpose, unless those purposes are illegal. ( Such as an underaged character in a NSFW context, including aged up characters )
4. Adopts purchased that are above 18 years of age must be kept as above 18 years of age. They cannot be “aged down” or depicted as a minor in any way, shape, or form if it is for illegal purposes. Non illegal purposes such as backstory etc. is okay.
5. Adopts purchased may not be used for hate speech, racist propaganda, sexist propaganda, etc. 
6. No refunds are provided for adopts. They are a final sale. 
7. Payment plans may be available for higher priced adopts, if communicated with me in advance. Of course, this is at my discretion.
8. All terms of service above continue to apply to the adopt. 
9. Adopts may not be used for any copying, tracing, etc. 
10. Adopts can be edited in design, gender, personality, aesthetic, etc.
11. Holds are at my discretion.
12. Upon sale, the full resolution image will be provided to the client through the following platforms. ( Email, Discord, Telegram ) At the client's discretion.
13. By purchasing an adopt, the client is purchasing the rights to the character and the design. I retain all rights to the artwork itself. 
14. Removal of my watermark on the original artwork of the adoptable is a breach of the TOS.