TERMS OF SERVICE

LAST UPDATED: February 17, 2024


TERMS OF SERVICE

  • I reserve all rights to the image (not to the character(s)/intellectual property displayed in the image). Clients cannot claim they created the artwork. In turn, I the artist must either state when posting commissioned products to the public that it is a commissioned image or that it is client work, or clarify to inquiries that the character design and artwork is a commissioned piece.

  • Completed commissioned artwork is a high-resolution 500dpi PNG image - additional file formats including multi-layered PSD files available upon client request.

  • Commissioned artwork is for personal use only and may not be used for commercial use.

  • Clients may NOT use or alter the commissioned artwork for commercial purposes. This includes but is not limited to: selling prints of the artwork, using the artwork on any merchandise the client is selling, etc.

  • Clients may NOT use commissioned artwork for NFTs (non-fungible tokens) or any other sales relating to cryptocurrency, nor is any of my commissioned or personal art available for AI art generation use or NFT-minting.

  • Graphic designs and illustrations created for the use of business cards/logos/website design fall into a separate category and can be discussed.

  • Graphic designs and illustrations created for commercial use (T-shirt designs, etc) require a contractual agreement either in written form via communication and/or PDF document after discussing flat rates and/or royalties.

  • Minor changes made by the client, such as cropping, adding text, minor colour adjustments and adding filters, are allowed. Clients may request to create alterations beyond the above mentioned to the completed image only after receiving the artist’s written consent.

  • I refuse to have my artwork, both client-paid work or personal work up to and including private commissions and adoptable designs, altered in any way by artificial intelligence image generators (AI image generators)

  • I refuse to have my artwork, both client-paid work or personal work up to and including private commissions and adoptable designs, used for the purpose of artificial intelligence image generators (AI image generators) and their associated databases for AI training or the creation of AI generated images.

  • The client shall not reproduce and/or otherwise use the work in any manner for purposes of training artificial intelligence technologies to generate work, including without limitation, technologies that are capable of generating works in the same style or genre as the work. Nor shall the client sublicense others to reproduce and/or otherwise use the work in any manner for purposes of training artificial intelligence technologies to generate work.

  • I reserve the right to refuse a commission without need to give a reason.

  • Commissioning me (once payment is received) confirms that you have understood and agreed to my Terms of Service.


I WILL DRAW

  • Original characters

  • Licensed characters (for the express purpose of fan art only for the client’s personal non-profit use)

  • Humans and humanoids

  • Furries/Androids (or any humanoid-shape mechanical character/creature, including unique genitalia)

  • Blood and light/mild gore (level of intensity to be discussed with client)

  • Pornography (characters must be 18 years or older/depicted as appearing as a mature, consenting adult, including “small/shortstack” fantasy races such as gnomes, goblins, lalafell, etc - see below for details)

I WILL NOT DRAW

  • NFTs (non-fungible tokens) and any artwork with intention of use pertaining to cryptocurrency

  • Adjustments to artificial intelligence generated images (AI image generators)

  • Mecha (not due to dislike, purely due to inability to draw the subject correctly)

  • Any specific fetish I may not wish to draw, as the TOS agrees I have the right to decline any commission

  • Hateful/discriminatory content (racism, sexism, prejudicial violence, etc.)

  • Bestiality (furry characters must appear bipedal/have humanoid mannerisms - I will not draw animals engaging in sexual acts)

  • Vore (however, mouth/tongues/teeth vanilla art is fine)

  • Scat/watersports/other “toilet” fetishes/kinks

  • Rape, ageplay, incest, diaper kink, oviposition

  • Pornographic content of minors/children or characters who physically do not convincingly look like mature adults


PAYMENT

  • Payment is available via invoice only

  • As of December 24, 2022, all invoicing will be sent through client's choice of PayPal or Stripe

  • Payment is required at the time of ordering to confirm a commission. Upon receiving payment the order will then be processed

  • Partial payment plans are available upon request for artworks of $100 USD or more

  • Prices are in USD

  • Payment is non-refundable after completion of commissioned image

  • By accepting and paying the invoice, the buyer agrees to my Terms of Service


COMPLETION PERIOD

  • Commissions in four months or less unless the client delays response periods, in which case completing commissions may take longer. In the event of extra delay, the client WILL be notified by the artist to inform. Sketches and WIPs are sent during this period for reviews and revisions as necessary. Wait times between commission updates will vary due to scheduling conflicts with my full-time job but the four month turn-over period will be maintained.

  • Commissioned artwork WIPs are send in stages: a draft sketch, a line art file, and the completed rendered image - a time of seven to 14 business days (Monday to Friday, minus calendar holidays) must be allotted between these WIP periods

  • If I, the artist, at any time am unable to complete or must cancel a commission before it is started, the client is refunded in full.

  • If the client at any time wishes to cancel their commission, a partial refund will be determined based on what stage the commissioned image is currently at. If the commission has not be started, a full refund is given.

  • No refunds are given after completion of commissioned image as stated in my invoices and client’s agreement to my Terms of Service

  • The client must contact the artist via email ([email protected]) or through a Google Form on my website (http://madmaddiecomms.carrd.co) to place a commission order. Orders not placed via email or Google Form are not accepted (through social media direct messaging, Discord messages, etc)

  • If the client is using a Google form application for commissions (ie. convention badge commissions), the application must be completed in full with all required fields filled out in order to be considered submitted. The artist will then contact and invoice the client directly with the PayPal email supplied on the form.

REVISIONS AND REVIEW

  • I, the artist, will request the client’s review and revision in order to move forward with the commissioned image.

  • Failure to respond to requests for review or revisions will result in the commissioned artwork being delayed until the client puts forth a response.

  • Once the line art of a coloured image has been approved by the client, no more major revisions will be made. Minor revisions accepted.

  • Major revisions or do-overs requested by the client once the commissioned image has reached the line art stage or later will have revision costs. Minor revisions will not. The artist will let the client know if a final revision is major enough to warrant a cost.


COMMISSION REQUIREMENTS BY EMAIL

  • If contacting me directly instead of via Google order form, email subject line should say “commission" somewhere in the title

  • Reference images and/or screenshots and/or previous artwork of the desired commissioned character as well as a short written description of additional details and/or personality of the character and their expression/posing (additional reference images for this subject are appreciated and will help the artist create a better artwork) should be included in the email body

  • The client’s name, online handle, tag, blog URL, deviantART, twitter, etc. which is to be added to the posted artwork when it is displayed on the artist’s social media unless the client requests otherwise. If no client handle is offered, the posted artwork will not have an attached credit by the artist.


ADOPTABLES

  • Adoptables are character designs that can be purchased by an individual for personal not-for-profit use (roleplay, collectibles, etc)

  • Once an adoptable is purchased the individual who purchased the design for the set and/or auctioned price has free range to name the adopted character design, as well as provide a unique story, personality, or additional add-ons or changes to the character as they see fit.

  • I, the artist, relinquish the drawing’s intellectual property to the buyer

  • However, I, the artist, retain the artistic rights to the original drawn character image I have sold.

  • The individual who has purchased the adoptable design may not use the character, or associated artwork they draw, or commission, from other artists, for for-profit or commercial use.

  • Adoptables purchased by a client may not be re-sold to others as this falls under for-profit use


STREAMING AND SOCIAL MEDIA POSTINGS

  • I, the artist, retain the right to post all commissioned artwork to social media and online galleries - clients must request completed images to remain private if they do not wish for the artwork to be posted to the Internet

  • I, the artist, retain the right to watermark images when posting to social media/online galleries (the client will receive a hi-resolution non-watermarked image in PNG format)

  • I, the artist, may post the commissioned artwork without tagging/linking to the client's social media account(s) but can do so upon client request

  • I, the artist, retain the right to use previous commissioned images in posts to advertise for commissions and in portfolios

  • I, the artist, retain the right to publish commissioned artwork in personal artwork collections for print and sale (artbooks) but NOT for individual print sales. Artbooks must state that the image was a commissioned work.

  • The client is free to post their commissioned image online to their personal sites/blog/etc. as long as there is a note crediting the original artist

  • Commissioned artwork may be used as reference for future commissions, personal icons, banners, signatures, etc. by the client

  • I, the artist, retain the right to work on commissions during livestreams on Twitch, Picarto, or Discord. HOWEVER, clients may request that their art commission NOT be shown on a livestream.