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Terms Of Service
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From this point forward I, Art Studio Noire, will be referred to as “the artist” or “he/him/his” and everyone who interacts with me and my art will be referred to as “the client” or “they/them/their”.This t.o.s. was last updated September 24th, 2023. A log with old t.o.s. is kept here so the client can always review the t.o.s. they agreed to when they acquired art. Please read through them carefully before purchasing the artist's content.
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General Rules
∞ Do not, under any circumstance, remove the artist’s watermark.∞ The artist will retain all rights and ownership to every piece of art that was made by him. Commercial commissions are no exception to this rule.∞ Do not claim the art as your own. While you may own the character in the art piece (which will stay this way), the art itself will always fall under ownership of the artist.∞ Do not redistribute the artist’s work in any way. This includes, but is not limited to, edits, reposting, reselling, tracing, referencing.∞ The artist DOES NOT consent to having his art used for AI, NFT and other digital training/selling/creation programs.∞ Due to the artist's chronic illness the client agrees with a turn-around time of at least 5 weeks. The starting date of period is the day of payment. This amount of time may change due to circumstances but is always communicated about before the change goes into effect.∞ The artist is obligated to let the client know when he gets ill so they have an indication on when their art will be made/finished.∞ To use the artist's creations for commercial purposes the client has to pay an additional fee of 100% per art piece.∞ To keep the art private the client has to pay an additional fee of 25% per art piece.∞ Asking for a delay of posting art for, for example, birthdays or anniversaries can be requested without additional fees.∞ The artist can refuse or cancel a commission, art trade or request for any reason at any time of the process. This reason will always be communicated to the client beforehand so the situation can be discussed.∞ The client is free to ask for updates on the art the artist owes them during the entire process.
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Commissions
∞ Payment can be done via Ko-fi only, unless stated otherwise.∞ Full refunds can be requested when the art hasn't been started yet.∞ When the sketch has been started, only partial refunds will be given.∞ Partial refunds are as follows: 50% in the sketch phase, 30% in the lineart phase, 0% in the coloring phase.
∞ Once the commission enters the coloring phase or is totally complete, the client forfeits the right to a full or partial refund unless the artist cannot finish it for whatever reason.∞ When the previously mentioned waiting time exceeds one month the client has the option to ask for a refund as well.∞ By asking for a refund the client agrees with the fact the artist won't continue working on the commissioned art.∞ Changes to the commission can only be made in the sketch phase, so check thoroughly.
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Requests
∞ Requests are made without need of payment to the artist.∞ Requests have no deadline, but communication will take place about when the delivery of the art is estimated.∞ The client is allowed to contact the artist at any time, with proper moderation. Spamming will have consequences.
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Adoptables
∞ Reselling the artist's adoptable designs can only be done for the price of which it is bought + additional art the client got for them.∞ Adoptables can only be resold when the character has been in posession of the seller for 6+ months. Not adhering to this rule will result in being blacklisted as the artist does not allow his designs to be used as trade fodder.∞ The artist's adoptable designs are first come, first serve unless stated otherwise.∞ No haggling on set prices! However, when adoptables are OTA (offer to adopt) the client can choose what they want to pay with.
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Custom Character Designs
RULES TBA
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Commercial Use
∞ Unless the client has paid for the rights of commercial use, they cannot use the artist’s work for profitable purposes.∞ Profitable purposes include, but are not limited to, streaming platforms, vlogs, blogs, promotional material, merchandise, books, etc.∞ Pricing is yet to be determined. This will be added a.s.a.p.∞ A contract will be made by the artist based on the agreements he and the client have made. This contract will only go into effect when both parties have signed it. This contract is a safety measure for both the artist and client to prove rights of commercial use for when a dispute arises between them. A signed copy will be in posession of both parties to assure the inability of misuse.
∞ While the contract allows commercial use, the artist keeps full ownership over the art and is allowed to make a profit off it (such as prints) unless stated otherwise in the contract.
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Blacklisting
∞ When blacklisted, the client will appear on this public Trello board. This Trello board will include a description of why this decision has been made.∞ The moment the client has been blacklisted they can keep the art that was acquired in the past. This includes but is not limited to, gifts, art trades, requests, and commissions.∞ Future attempts to acquire work from the artist is forbidden after being blacklisted. This also includes having other people try to acquire content for you.∞ When the client has been added to the blacklist, all contracts between them and the artist automatically expire and all effects listed on the contract will stop from that moment on.∞ Contacting the artist about previous t.o.s. is possible at all times. And discussing anything about it with him is welcome as well. However, the artist keeps a log of when the art was purchased and made and if the client purposefully lies about which t.o.s. was in effect at the time of purchase for their own gain, blacklisting will be an optional consequence depending on the way the conversation has taken place. For example respectful conversations will not be punished as harshly (if even punished) as disrespectful conversing.∞ The severeness of any punishment is entirely up to the artist and final verdict without chance to turn it back.∞ While the artists believes a person can change their ways. Once a client is blacklisted they will never be removed from it. This is to keep the artist and his community safe from any possible harm that may occur due to conversations about the past.
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