Terms of Service

Last Updated: 2 November 2023

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The following Terms of Service are for personal digital art commissions by Sean Amanita or Clamo/CL4M0, who will be herein referred to as the Artist. The commissioner requesting and paying for the artwork will be herein referred to as the Client. Please read these Terms carefully before agreeing to and paying for the commission.

Etiquette

Client must remain reasonably professional in correspondence with Artist. Inappropriate interactions include but are not limited to: intentionally lurid or provocative messages meant to incite harm or discomfort to Artist, unsolicited violent or sexual imagery, bigoted remarks, etc. When in doubt, leave it out. Artist is understanding about, disability, neurodivergence and language/culture differences which may change the nuance in a statement, and is willing to correct and forgive, but repeated or exceptionally harmful messages or imagery will result in the immediate cancellation of the Commission, with or without refund, and, when appropriate, any illegal correspondence may be reported to appropriate authorities.

Payment

By default Artist will request payment via Wise (formerly TransferWise), followed by Ko-Fi and Paypal. Other payment methods, such as peer-to-peer transfers, are available on a case-by-case basis. Payment is required upfront before Artist begins working on commission. Prices shown and quoted are in USD. Payment plans or split payments are available on an individual basis upon requests for commissions valuing over $100 USD.

Delivery

By default, Artist will deliver full resolution files, usually .PNG, .WEBP, or .JPG. Source files such as layered PSDs may be available upon request. Unless explicitly discussed otherwise, commissioned work is fully digital and will be delivered digitally only. Delivery may be via file-share or cloud transfer. Cloud links are guaranteed valid for 1 year upon delivery date. Artist retains full resolution source files for a guaranteed minimum of 2 years upon delivery date when feasible. Past these dates, Artist will attempt to retain original files as long as possible, but cannot guarantee the preservation of commissioned work. It is the Client's responsibility to retain and store files for future use or access.

Cancellations & Refunds

Client may cancel the commission and request a 50% refund up until the sketch phase. After the sketch is approved, Client is ineligible for a refund. If Client cancels a commission, Artist retains right to use part or all of any base sketch for future commercial or non-commercial use so long as finished product does not infringe on Client's copyright or intellectual property right. Repeated cancellation and refunds initiated by client may result in higher rates or denial of service in future commissions. Artist may cancel the commission and provide appropriate refund in full or for the amount of work not completed.

Client Satisfaction

It is the Artist's desire to meet Client expectations as closely as possible. For this reason, Artist will always send Client a sketch or Work in Progress (WIP) for client approval before completing the commission. Client is responsible for addressing any concerns or requesting changes before approving WIP for completion. Upon delivery of commission, Client has right to reasonable requests for changes, adjustments, and error corrections of finished work. Any request that requires significant work for Artist to complete, with exception of those caused by egregious or unreasonable error, are subject to additional charges to Client, which must be paid before changes are adjusted. Upon final approval of commission, Client accepts quality of work and is no longer eligible for free changes or corrections. Alternative versions of finished work may be requested for an additional fee. Client may not request changes or adjustments based on stylistic choices made by Artist which are consistent with Artists' work.

Artists' Rights

Artist has right to use in progress or complete commission as promotion, in portfolios or galleries protected by paywall, or in collection works such as zines or artbooks, or as merchandise which contains multiple works in which commission is accompanied by other works. Artist must receive consent to use commission for individual commercial use, such as to sell as prints or merchandise which contains commissioned work only. Artist retains right to refuse service or cancel commission and offer appropriate refund for work completed.

Clients' Rights

Client has full personal rights to work and limited commercial rights to work, such as selling as limited-run prints or merchandise, in collection works such as zines or artbooks, small scale promotion, and in portfolios or galleries protected by paywall, so long as Artist is credited for the work. Client has right to edit and adjust commission so long as work is not manipulated to express or promote bigotry or hate speech, and any display or distribution of edited work is noted to be adjusted from original. Client may not use work for large scale commercial use, including but not limited to unlimited run prints or merchandise, official artwork, or large scale promotion.

N.F.T. Clause

Use of Artist’s work as a Non-Fungible Token (NFT) or in conjunction with cryptocurrency or blockchain is strictly prohibited. This includes but is not limited to minting the original work or any derivatives of the work, using the work as advertisements in relation to crypto, or displaying work on official or unofficial crypto accounts or platforms. Any usage of the Artist's work as NFTs, crypto, or other blockchain format is subject to legal action by the Artist and forfeits the Client's right to the work.

A.I. Clause

Use of Artist’s work to train, validate, or test neural networks or artificial intelligence (A.I.) is strictly prohibited. Any usage of the Artist's work relation to neural networks, A.I., or related technologies is subject to legal action by the Artist and forfeits the Client's right to the work.

Closing

Artist and Client have rights outside of these Terms. Terms of Service are subject to change. Neither Artist nor Client may establish or enforce Terms which infringe upon Artists' nor Clients' rights, or which break United States and international laws and regulations. Any action by Client which infringes on Terms or Artist rights is subject to legal action. Any concerns or questions regarding Terms of Service must be addressed before agreeing to commission and sending payment. By agreeing to commission and sending payment, Client is acknowledging and agreeing to Artists' Terms of Service in full.