• VTUBER COMMISSION/EMOTES

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Terms of Services1. Definitions
1.1 The ‘Client’ refers to the person commissioning the ‘Artist’ (Hyourie) for a piece of artwork.
1.2 The ‘Product’ that the Client receives is a digital Photoshop file (.psd) containing the commissioned artwork. This does not include any drafts.
1.3 The ‘Illustrations’ refer to any drafts and the final artwork made by the Artist.
1.4 The commissioning process is comprised of six (6) phases as follows:
a) Discussion
b) Sketch
c) Line Art
d) Base Color
e) Render
f) Delivery
1.5 In the (a) Discussion phase, the Client and Artist discuss the content of the commission, the duration of time for each phase, and the commission price. At this point, the down payment has to be made by the agreed timing before proceeding (refer to Section 4.2). During each phase (b) to (e), the Artist will use the agreed upon amount of time to work on the Product and send a draft to the Client to check. When the Client approves of the draft, the Artist will proceed on to the next phase. In the (f) Delivery phase, the Client must complete any remaining payment before the Artist sends the Product to the Client’s e-mail address (refer to Section 4.6).
1.6 A ‘Revision’ refers to when the Client requests a change in the draft. The Artist will fix the draft as requested in a stipulated amount of time and send the revised draft back to the client. Revisions are only acceptable during (b) Sketch and (d) Base Color phases. A maximum of three (3) free Revisions are allowed throughout the entire commissioning process. For further details about Revisions, refer to Section 3.
1.7 All prices are in the United States Dollar currency (USD).
1.8 ‘Commercial use’ refers to profiting off the artwork in any medium. ‘Personal use’ then refers to usage of the artwork for strictly non-profit purposes in any medium.2. General
2.1 By proceeding with the commission, the Client acknowledges that no physical item will be shipped as the product is a digital file.
2.2 The Artist reserves the right to decline and cancel a commission as they see fit. The Artist also has the right to not disclose any reason/s for declining and/or canceling the commission at their own discretion. For details about cancellation after first payment, see Section 5.1.
2.3 Under no circumstances is the Client allowed to claim any Illustrations as their own, and/or remove any watermarks/signatures present on the artwork.
2.4 Under no circumstances is the Client allowed to make edits to any Illustrations without the approval of the Artist, and/or claim the edited artwork as their own.
2.5 Under no circumstances is the Client allowed to use any drafts in any form. The commission is for the final Product, not the drafts.
2.6 The commissioned artwork is for Personal use only, unless negotiated otherwise. For commissions for Commercial use, refer to Section 6.2.
2.7 The Artist reserves the right to use, publish and promote the Illustrations done on their social media, streaming platforms, websites, portfolios and other personal platforms, unless otherwise negotiated. For privatization of a commission, refer to Section 6.6.
2.8 The Client agrees to treat the Artist with respect at all times. This includes, but is not limited to: basic courtesy, not using vulgarities or slurs, not harassing or spamming messages, refraining from any behavior that the Artist requests of, etc.3. Revisions
3.1 Revisions are only acceptable during the (b) Sketch and (d) Base Color phases. Revisions requested by the Client in any other phase will cost USD$3 for 5 Revision.
3.2 A maximum of three (5) free Revisions are allowed throughout the entire commissioning process. Additional Revisions requested by the Client during any phase will cost USD$2 for 3 Revision, in addition to the price as stated in Section 3.1 if applicable.
3.3 Once the Client has given approval to start on the next phase, the Client acknowledges that no more changes will be made to the draft of the previous phase. The Client is responsible for checking the draft/s before giving approval to start on the next phase.4. Payment/Refund
4.1 Payment will be made via invoice sent by the Artist through Paypal.
4.2 A minimum of 50% down payment is required before the (b) Sketch phase starts. Full payment is also acceptable. Any payment installations must be approved by the Artist during the (a) Discussion phase.
4.3 After the first payment has been made, the Client is not allowed to negotiate the full price of the commission any further. However, the Client is allowed to tip the Artist any extra amount he/she sees fit.
4.4 The commission is non-refundable after the Client has approved of the draft during the (b) Sketch phase.
4.5 When the (c) Line Art phase has started, the Artist will not entertain any refund requested by the Client due to reasons such as, but not limited to: Client being unsatisfied with the draft/Product, Client changing their mind to commission the Artist, etc. For refunds made of the Artist’s own volition, refer to Section 5.1.
4.6 The Client has to complete the full payment of the commision before the Product is sent during the (f) Delivery phase. On the occasion that full payment is not made by the previously agreed timing without prior notice, the commission will be terminated (see Section 5.2).5. Termination
5.1 If the Artist decides to cancel the commission for any reason they deem necessary, a full refund will be provided to the Client. The Client is not allowed to use any drafts that were previously sent for any purpose (refer to Section 2.3). It is also not necessary for the Artist to share the reason for cancellation with the Client for privacy.
5.2 In the case of the Client being uncontactable for a period longer than a month after the agreed upon timing without prior notice during any phase, the commission would be considered canceled with no refunds provided, and no Product will be sent to the Client. On the occasion that the Client wants to continue the commission after cancellation, it will be considered as a new commission request.6. Personal/Commercial Use
6.1 By default, the Artist reserves the right to use, publish and promote the Illustrations done on their social media, streaming platforms, websites, portfolios and other personal platforms. The Artist also permanently retains the Commercial use rights of the commissioned artwork.
6.2 Commissions made for Commercial use, such as for production of merchandise, will be charged double of the original commission price. (e.g. Original price $10 x 2 = $20 total)
6.3 If the Client originally made the commission for Personal use and wishes to commercialize the artwork, he/she must seek approval from the Artist first, and pay a license fee equal to the original commission price (refer to Section 6.2).
6.4 No third party is allowed to use the commissioned artwork for Personal use or Commercial use, unless negotiated otherwise with the Artist.
6.5 On the off chance that the Artist is notified of any non-commercialized Illustrations being sold without prior approval, it will be deemed as copyright infringement and will be liable for suing by the Artist.
6.6 If the Client wishes to keep the commissioned artwork and/or drafts permanently private, an additional fee of USD$__ is required. If the privatization is only for a limited time (e.g. kept secret for birthday present, debut, etc), this can be discussed if a fee is required with the Artist beforehand.
6.7 Credit to the Artist is always required on the commissioned artwork on any medium, regardless if the Client has commissioned for Personal use or Commercial use. Methods of crediting includes: ???By paying the invoice sent, you are agreeing to the Terms of Services as listed above.