Glimmer Guts Art Terms of Service [Effective as of 2.5.2023] Subject to Change Without Notice
For the purposes of this document I, me, my, and artist refer to Sylvanus T.Z. King, sole proprietor of Glimmer Guts Art. Client refers to both individuals and companies who pay for my service. Service, work, product and content refer to the artwork I produce and the related communication necessary between myself and the client. Order and commission refer to the hiring of my services for an individualized product.
By purchasing from me you, the client, acknowledge you agree to the entirety of the terms and conditions listed. By purchasing from me you, the client, agree that you are at least 18 years of age. All orders are beholden to the latest version of these terms. Violators will be blacklisted and any outstanding work with them will be voided.
· I am based in the United States, therefore all clients are expected to adhere to U.S. copyright law when handling work bought from me. · By purchasing from me you, the client, acknowledge you have read and understand all terms listed here. · I retain the right to refuse any order for any reason, and I am not obligated to divulge my reasons. · Use of my work in relation to Non-Fungible Tokens, goods and/or services involving or relating to cryptocurrency, or goods and/or services involving or relating to the use of blockchain ledgers is strictly prohibited. · Use of my work in artificial intelligence training data and/or any other forums wherein it will be fed to generative programs such as but not limited to: Midjourney, Dall-e, and/or Stable Diffusion, is strictly prohibited.
· The client is expected to have read, understood, and agreed to the entirety of the Terms of Service document. · The client is expected to abide by United States copyright law. · The client agrees the work ordered is strictly for non-commercial purposes unless otherwise discussed. · The client understands the artist is only available for business communication via email, and that communication will be limited solely to professional interaction. · The client is not to remove my signature and/or watermarks. · The client may not share the full resolution file(s) publicly. · The client is expected to credit me when sharing the work publicly, and provide · The client must take full responsibility for their finances, and should not order if there is any uncertainty about needing the money elsewhere. · The client is expected to neither hold nor promote ideals that either directly or indirectly harm the artist or any marginalized groups people. This includes but is not limited to: transphobia, homophobia, ableism, racism, and xenophobia. · The client agrees that under no circumstances will a refund be issued for work that has been completed. · The client agrees to respect the listed business hours of the artist. · The client understands extenuating and/or special circumstances will affect the artist’s business hours and turnaround. · The client understands any contact from the artist regarding their order done outside of business hours is not an indication of availability. · The client agrees to save and create backups of all final files provided. · The client understands no commissioned work is guaranteed to be publicly viewable indefinitely. · The client understands it is their responsibility to provide feedback during the commission process to ensure the final product meets their vision. · The client understands that characters will be rendered in the appropriate lighting for the environment, which can and will appear differently from the flat colors. This will not be changed in any way that would make it appear I don't understand how environmental lighting works. · The client agrees to take responsibility for dissatisfaction caused by failure to communicate desired revisions.
· The artist will complete all work within six (6) months of payment at the latest. · The artist will send updates no less than once (1 time) per week while progress on the order is ongoing. · The artist acknowledges it is his job not to merely draw the character(s), but to represent them accurately. · The artist will preserve files to the best of his ability, but cannot guarantee against file loss. · The artist will not accept any orders seeking the style of a different artist, or otherwise in a style that is not shown in his sample work. · The artist will follow the style of his example work in whatever way feels most natural, and cannot guarantee against inconsistencies. · The artist will complete commissioned work to the best of his abilities at the time of the order, but will not do “touch ups” to finalized work at any point in the future.
· The artist will not draw any characters that are being referred to using slurs such as but not limited to: cuntboy, dickgirl, futa, trap, herm, or tranny. · The artist will not draw fetish material that is framed as safe for work subject matter. Fetish mining will not be tolerated. · Designs that have elements such as holes in the skin or flesh that would set off the physical reactions described by the term Trypophobia are highly likely to be turned down.
Commercial Use Policy
· Orders for commercial use must have both the price and usage rights discussed up front. · Commercial use entails a 200% fee, meaning 3x the base price, at minimum, with the fee subject to rise at my discretion. · Commercial use as it pertains to reproduction on or for merchandise will include a production cap, and once this cap is reached any increases must be discussed prior to additional production of merchandise. · Commercial rights will never include total copyright. · Commercial use is defined as use of the artwork in a way that enables financial gain, either directly or indirectly. This includes but is not limited to: reproduction on or for merchandise and promotional material of a brand or product. Vtuber avatars are defined as a brand regardless of current monetization status. · Commercial rights are only valid if both client and artist have signed off on a commercial usage contract.
· I retain copyright over all of my work, including but not limited to: the rights to redistribute, reproduce, use as a sample, use for self-promotion, use it within my portfolio, and upload it to galleries and/or social media. · I retain the right to sign and watermark all of the work I produce. Files lacking a signature and/or watermark will not be provided. · The client retains copyright of their IP(s), I retain copyright of my IP(s) and my work. · The client may use the work provided within the allotted parameters of personal use including: as a digital display wallpaper, icons or profile photos on websites, hosted within online galleries with proper attribution, and on one-off merchandise for the client’s own use.
· If the client wishes to remain anonymous this must be made clear up front. · If the client wishes for their order to remain private this must be made clear up front. · A private order will incur a privacy fee, the minimum being an additional 5% on the final cost. The privacy fee may not exceed $20 on non-commercial commissions.
· Upon agreement to the quoted price a digital invoice will be sent to the client. · Payment is due within five (5) business days. Reminders will be sent on the second and fourth days before the order is canceled on the sixth. · Payment must be made up front before any work will be done. · In the case of commission types that are charged on an hourly rate, three (3) hours must be paid for up front. Additional hours can be included up front or paid for after the work for the previous hour(s) has been filled. · Cryptocurrencies will not be accepted as a valid form of payment.
· A total refund will be initiated by the artist if extenuating circumstances lead to an inability to complete the order within six (6) months. · Any additional money sent on top of the agreed amount will be considered a tip, and money sent as a tip will not be refunded with the sole exception of a total refund as initiated by the artist. · When a refund is issued it will only be issued for work that has not yet been completed. · A refund will not be issued in the case of poor financial planning on the client’s part. · Under the circumstances of an order being voided due to violation of the terms a partial refund will be issued at my discretion. The amount that is refunded is not open to discussion, I will be keeping payment for my time, a fee for the wasted position in my queue, and damages.
· The client does not have the right to file a chargeback. · Any instance of chargebacks will be fought to the fullest extent. · If the client’s bank or card results in a chargeback without their involvement, it is their responsibility to contact me about the situation. · Deliberately filing a chargeback or failure to inform me of extenuating circumstances leading to a false chargeback will result in being permanently blacklisted.
· The client must make any deadlines known up front. · The client must place their order no later than one (1) month away from their deadline. · The artist will not accept rush orders with less than one (1) month remaining until the deadline. · The artist will not accept any form of bribe to rush an order. · The artist will not accept any form of bribe to prioritize a new order over existing orders.
· The artist agrees to give reasonable opportunities for revisions throughout the process. · Revisions are free only if they apply to the current stage of the order. I.E.: a change to the lineart prior to approving it. · Revisions outside of the current stage and excessive revisions will incur fees. · The artist reserves the right to deny revisions at his discretion. · The client will be prompted for feedback at each stage, and it is the responsibility of the client to ensure no further revisions are needed before finalizing each stage.