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Términos y Condiciones
Los términos y condiciones no requieren la firma de Cliente ni de La Artista; sin embargo, al solicitar mis servicios, se considera que Cliente está de acuerdo con los términos aplicables, indicando así su aceptación total de estas condiciones.
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Content and Style of IllustrationsNo works of sexually explicit, violent, racist, or hate-inciting content will be created. Representations of fictional characters or minors in +18 situations will be avoided. The works have a style of illustration inclined to anime, so realistic or hyper-realistic illustrations will not be made. The Artist does not guarantee that the portraits will look too much like the references in the case of real people. Some additional restrictions include: gore, explicit nudity, complex architecture, armor and complex clothing, complex mechanical parts and full furry. They can be discussed previously before the Client starts the form process, for this the Client can contact the Artist first. The Artist will not change their style, nor will they trace or copy the work of another artist, for example: requests for Simpsons-style portraits. This type of request will be immediately rejected for the reasons stated here. Portraits of people or characters that require the inclusion of features such as scars, blood stains, scratches, cuts and similars, as long as it is mild, not explicit or excessive, will be allowed. Commissions that require artistic nudity, pin-up nudes, that reflect sensuality, etc., will be allowed as long as there is no breach of point 1 and point 2.
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Acceptance and Rejection of CommissionsThe Artist reserves the right to accept or reject any commission request without the need to provide detailed explanations. However, the Artist will likely explain the reason for the rejection as a courtesy. Commissions related to the Artist's interests, such as animals, fantasy, or character concepts, will take priority over topics not relevant to the Artist, such as social, economic, or political messages (which are more likely to be rejected).
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Deliveries and FormatsDigital Illustrations will be sent by email or through online download links in .jpeg / .png / PDF format in their highest resolution as agreed upon, excluding the native files of the commission (for example, .psd, .procreate, .tif, etc.) unless previously or subsequently agreed upon. The Artist reserves the right to charge or not to charge for such native files. The Artist is not responsible for printing the Digital Commission or delivering or sending it in physical form unless previously or subsequently agreed upon and the Client pays for such service if necessary. A digital Certificate of Authenticity will be provided as proof of the originality of the Artist's work.
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Deadlines and CommunicationThe Artist may not accept commissions with strict, very short, or inflexible deadlines. If the Commission is urgent, an additional urgency fee will apply, which will be defined and agreed upon before the start of work. The Artist, to the best of their ability, can give a general indication of how long the commission will take to complete and when the Client can expect to receive the finalized commission. The Artist will periodically inform the Client about the progress or if there have been any changes in the completion times. The Artist is not obliged to explain the reasons for extensions or delays in the completion of a commission, but will do so as a courtesy.
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Promotional Use CommissionsThe Client pays for the promotional distribution rights over the Commission, so the Client can distribute the Work on physical and digital platforms without reproduction purposes with the intention of selling, reselling or profiting directly from the Illustration. Even so, the Artist retains all rights to the commission, which includes, but is not limited to: distribution, reproduction, use of the Commission for the Artist's promotion (social networks and physical spaces). In this case, the Client cannot sell physical merchandise of this Work.
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Commercial Use CommissionsThe Client can sell products with the Artwork and obtain direct and indirect economic benefits, while the Artist retains the copyright unless otherwise agreed upon. The Client has promotional and commercial distribution rights over the Commission and can distribute the Artwork on physical and digital platforms for commercial purposes and for reproduction purposes (physical merchandise) with the intention of profiting directly from these Illustrations. The Artist retains some rights over the Commission, including, but not limited to: reproduction, use of the Commission for the Artist's promotion (social networks and physical spaces). The Client cannot edit or alter the commission without the express written permission of the Artist, or as agreed upon before the start of work. This type of Commission is acquired for the distribution of physical merchandise with the intention of selling and generating direct income from this Artwork, such as, for example: stickers, t-shirts, packaging, postcards, posters, prints. Commissions used for commercial projects will require that the Client and the Artist digitally sign a rights and uses agreement before starting any work.
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Restrictions and Prohibited UsesThe Artist retains all copyrights to any Commission, preliminary and/or circumstantial Art created in the creation of the Commission, unless otherwise agreed upon. The Client is not allowed to claim authorship of the commissioned Artwork, unless a prior agreement is reached and the Client pays for all necessary rights. The Client cannot remove or cut the Artist's watermarks or signatures, if applicable. The Client cannot edit or alter the Commission itself without the Artist's permission. The Commission cannot be used in contests or on NFT or cryptocurrency platforms without the Artist's permission. The Artist can only sell prints or physical and digital merchandise of the Commission with the Client's written consent.
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Personal Use CommissionsThe Client pays exclusively for the art made; While they are allowed to print or record the illustration as needed, distribution or financial gain from the Work is not permitted. The Artist retains all rights to the Commission, which includes, but is not limited to: distribution, reproduction, use of the Commission for the Artist's promotion (social networks and physical spaces). In this case, the Client cannot distribute, reproduce, or sell any type of physical or digital copy or merchandise of this work. The Client cannot edit or alter the Commission without the express written permission of the Artist, or as agreed upon before the start of work. The Artist also retains all copyrights to any preliminary and/or circumstantial Art created in the creation of the Commission, unless otherwise agreed upon. This type of Commission is acquired solely for the personal use and enjoyment of the Client, such as for gifts or home decoration.
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PaymentsFor payments exceeding $100, the Client may choose to make two installments: 60% upfront and 40% upon completion of the work. However, if the Client prefers, they can make a 100% upfront payment For projects under $100, full payment in advance is required using the Client's preferred method. In the case of payments through PayPal, an invoice will be sent for each transfer and the Client will be responsible for covering the transaction fee of said platform for each payment made, without exception, unless otherwise agreed upon in advance. All prices are reflected in USD.
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RefundsNo refunds will be given if the work is more than 50% complete and the Artist can verify this with images, photographs, or screenshots. 100% of the money will be refunded as long as the Artist has not started the process. 80% of the money will be refunded if the Artist has already started with the first sketches and can verify this with images, photographs, or screenshots. 40% of the money will be refunded if the Artist has already started with the coloring process, color selection, or colorimetry test and can verify this with images, photographs, or screenshots. In all refunds, the Client is responsible for providing the transaction data correctly. The Artist assumes no responsibility for possible errors in the financial account data provided by the Client (emails, phone numbers, account numbers, ID numbers, etc.). Any inaccuracy in this information that results in an erroneous transfer to third-party bank accounts will not be the responsibility of the Artist. The Client will be responsible for covering any additional expenses related to the refund, such as in cases of refunds through PayPal and the corresponding transaction fees for the platform. As well as in cases of physical shipments or deliveries, if applicable.
Estos términos y condiciones ofrecen detalles específicos y claros sobre los derechos y responsabilidades del cliente y la artista. Te aconsejo revisarlos cuidadosamente y a hacer las preguntas necesarias para asegurar que reflejen completamente tus políticas y expectativas.
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