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Terms of Service
The following Terms of Service are for commissions of original artwork by Karen Zhou (Chickaburra). My Terms of Service were last updated on November 3, 2022.
I. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
‘Chickaburra’ refers to the pseudonym used by Karen Zhou, the artist.
‘Commission’ refers to the labor and final product (the final product being artwork).
‘Color Draft’ refers to the second stage of the Commission’s process in which the colors of the artwork are chosen and incorporated into the artwork draft. The end product of a Color Draft is an unfinished, colored prototype of the artwork.
‘Final Render’ refers to the final stage of the Commission’s process in which the final product is made. The end product of a Final Render is the completed artwork the client has commissioned Chickaburra for.
‘Sketch Draft’ refers to the first stage of the Commission’s process in which ideas for the artwork are designed and realized. The end product of a Sketch Draft is a sketch of the proposed idea for the artwork.
‘Service’ refers to the creation of the commission.
‘Terms of Service’ (Also referred as ‘Terms’) means these Terms of Service that form the entire agreement between you and I regarding the use of the Service.
II. Payment
Payments for commissions are made through PayPal invoice in USD only. Work on your commission will not begin until payment is made in full.
If my attempts to reach you go unanswered for 30 days, your commission is deemed forfeit. By commissioning Chickaburra, you have read and agreed to these Terms.
Refunds
Full refund requests are only accepted up until the initial sketch work in progress is sent. If the commission is canceled after this point, a 50% refund will be issued as compensation for my time spent on the artwork. If I cancel the commission of my own volition, a full refund will be issued. Refunds will not be issued after the commission is completed and sent to the client.
Refunds will not be issued if the client fails to comply with the Terms.
III. Process
The commission process is as follows: Sketch Draft, Color Draft, and Final Render. I will send each draft at the Sketch Draft and Color Draft stages to you for review.
Upon completion of the commission, you will receive a digital copy of the art for download. Files will be of the highest resolution possible and will include a watermarked and un-watermarked copy of the finished product.
Changes to Commissioned Items
Edits may be requested upon receiving a copy of the sketch and color drafts. Minor color edits may be requested upon completion for accuracy. Major overhauls of the design will not be accepted once the Final Render begins. Changes to the entire commission such as changing the subject of the artwork will not be accepted once the Sketch Draft is sent to you for review.
IV. Rights
I reserve the right to refuse or cancel any commission request that does not follow the rules laid out in the commission details.
I reserve the right to refuse or cancel any commission request if you pass others' artworks and IP as your own when submitting reference images.
Original characters belong to the client - the artwork created by me of said character belongs to me. By commissioning me, you are purchasing my labor only. I retain all rights to the commission to use the commission for promotion (e.g. commission examples, profile work, advertisement of artist work).
The commission may be displayed by the client as long as I am properly credited and my signature is clearly displayed. Removal of my signature, editing, tracing, or claiming the work as your own is expressly forbidden.
Nothing made by me may be used in any blockchain-related technology, to include NFTs, cryptocurrency, or future inventions in the space.
The client may not distribute, reproduce, edit, trace, mint and tokenize for NFT purposes, or otherwise profit from the commission. I retain full copyright of all designs and incidental works made in the creation of the commission unless otherwise agreed upon.
V. Contract
Anything agreed upon by both Chickaburra and the client in writing – including emails and direct messages – is considered a binding contract. By commissioning me, you are agreeing to my Terms. I store copies of all emails and direct messages, and other means of contact between me and the client. I recommend that you do the same.
Failure to comply with the Terms of Service will result in a cancellation of the commission.