Terms of Service

(Terms will be updated when necessary)


CONTENTS

  1. Basic Terms

  2.  In Depth Terms

  3. Process

  4. Payment

  5. Revisions

  6. NSFW/Adult Content

  7. Will and Will Not Draw

  8. Copyright

  9. Refunds/Cancellations

  10. Traditional Artwork


BASIC TERMS



By purchasing a commission from me, you agree to have read through the Terms of Service and you agree to be purchasing my services only. If you have any problems with any of the conditions below, they may be changed if discussed with me prior to paying for your commissioned piece.

Please read the terms carefully:

I, Ayamechan (a.k.a Diane Bennett):

  • Reserve the right to approve or deny any request for any reason.

  • Reserve the right to cancel and refund the order at any time for any reason.

  • Complete all commissions anywhere between 1 week to 1 month.

  • Retain all copyrights over the commissioned artwork.

  • Reserve the right to post the commissioned artwork online, in my portfolio as well as in publications such as art books.

  • Will NOT claim the intellectual property (IP) of the commissioned artwork (i.e.: OC’s *original characters*, fan art, self-portraits, logo’s, scenery).

  • Will NOT profit further from the commissioned artwork unless you (the buyer) break any of the terms.

  • WILL NOT make anything I am not comfortable with and/or WILL NOT draw, no exceptions (see points 5 and 6 of in depth TOS for more info).

  • Do not make AI art or NFT’S.

You (the buyer/commissioner):

  • Must submit payment via PayPal AFTER my approval of your request. (Using PayPal for now)

  • Have 24 hours after submitting payment to cancel your request for a full refund. (see point 8 for more info)

  • Get 3 rounds of free revisions. After that it will be a $5 charge per revision.

  • Retain the rights to the intellectual property (IP).

  • May upload the commissioned artwork on any website and social channels.

  • May NOT make profits from the commissioned piece (reselling, redistributing, uploading to Print On Demand services, make prints, etc.)

  • May NOT remove signature/watermark or alter the commissioned artwork without my consent, unless it is for resizing for a profile picture.

  • May NOT use the commissioned artwork for commercial purposes. The license to the commissioned artwork may be purchased at any point - contact me for info.

  • Confirm that you are 18 years of age or older when requesting a NSFW/Adult Content piece. (see point 5 of in depth TOS for more info).

IN DEPTH TERMS

  1. GENERAL TERMS

  • All artwork will contain my signature and watermark of my alias which you MAY NOT remove or distort. Signature and watermark will not obstruct artwork.

  • Prices are subject to change based on demand.

  • Prices may vary depending on complexity of artwork starting at base prices.

  • I have the right to reject any order that I do not feel comfortable drawing, or for any other reason.

  • If there is something you want added or changed that is not listed in the commission’s sheet, discuss with me PRIOR to payment and we may be able to work something out.

  • Digital commissions will be 350dpi max.

2. PROCESS

  • After you fill out your commission form, I will either approve or deny your request. If I have approved, you may then send payment. DO NOT SEND PAYMENT BEFORE MY APPROVAL.

  • I will notify you when I have started on your commission. I work on commissions any time after the 24 hour grace period.

  • I work in two phases: Phase one is sketching and color placement. Phase two is the final draft.

  • While I'm working on your commission I will make reviews with you to make sure everything is correct.

  • During the reviews, you will see a “work-in-progress” watermark and these images will be smaller than the finished piece.

  • Commissions will take anywhere from 1 week-1 month depending on the complexity of the artwork, the order in which the commission requests were submitted, or my (the artist) personal life priorities.

  • If anything comes up that will slow the progress of the initially estimated delivery time I will let you know ASAP.

  • Once the piece is finished you will receive the full-resolution image. There is no physical product of the piece unless it is a traditional work. (see point 9 for more info)

3. PAYMENT

  • Payment is through PayPal in USD ONLY. (USING PAYPAL AT THE MOMENT. WILL CHANGE IN FUTURE)

  • Commissions can be paid either 100% upfront or split 50% upfront and 50% after sketch approval.

  • Do not send me any payment before I have approved of your request and requested you to send me the payment.

  • If you are opting to pay 50% upfront and 50% later, I WILL NOT start working until I receive payment for either process. (Example: I will start phase one ONLY when you send me 50% of the total. I will not start phase two until you send the other 50%)

4. REVISIONS

  • You get 3 rounds of changes on the commissioned piece included in the price. After 3 revisions there will be an added charge of $5 per revision.

  • A fee will be added if you want something changed on the final drawing - unless a misunderstanding from my side has been made.

  • If you wish for me to change something in the drawing you have previously approved, you will be charged a fee to change it.

5. NSFW/ADULT CONTENT

  • BY COMMISSIONING ME A NSFW (ADULT CONTENT) PIECE, YOU ARE CONFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER!

  • I WILL NOT MAKE ANY PIECE I AM NOT COMFORTABLE DRAWING. Harassment will not be tolerated.

  • I WILL NOT make any NSFW piece of underage characters.

  • I WILL NOT make any NSFW piece for anyone under the age of 18 regardless of the permission from a parent/guardian.

  • If any of these rules are broken, you WILL NOT be issued a refund, you will be blacklisted and will never receive my services again.

6. WILL AND WILL NOT DRAW

What I will draw:

  • OC’s (original characters)

  • Fan art

  • Couples

  • Animals (furries/scalies included)

  • The buyer and/or the buyer’s friends/family

  • NSFW 18+ ONLY (see point 5 for info)

+Fetish (depends, ask first)

+Nudity

+Erotic clothing

+Violence/Gore                                        

What I will not draw:

  • Full mecha armor (I’m not proficient enough to draw yet, HOWEVER, I can draw characters with parts of their outfit containing mecha pieces. This will be charged more).

  • Hate art/Propaganda

  • Rape

  • Real people (other than the buyer or the buyer’s friends/family)

  • Another artist’s art style

7. COPYRIGHT

I, Ayamechan (a.k.a Diane Bennett), claim the rights to the produced drawing, not the buyer. Therefore I am allowed to use the copyrighted artwork to: 

  • Promote myself with it anywhere.

  • Publish books with it (art books, etc.).

  • Display it anywhere to my liking (website, social media, etc.).

The buyer is allowed to: 

  • Use the commissioned piece for personal use unless agreed otherwise (you can upload it on all your social media profiles, forums, etc.).

  • Print the artwork and claim the character(s) as their own, but not the artwork itself.

  • Use the artwork to promote yourself. You are not forced to give me credit when you post it but it is much appreciated.

  • Use the artwork on your YouTube channel and in monetized videos as long as the artwork itself is not the main subject for the earnings.

The following is considered copyright infringement: 

  • Reproducing/using the copyrighted artwork commercially - means making money off it in any way.

  • Claiming the artwork as your own.

  • Removing my signature and/or watermark from the artwork.

  • Altering the artwork without my consent.

  • I reserve the full rights to the image and its use/distribution unless otherwise agreed upon.

8. REFUNDS/CANCELLATIONS

  • The buyer is not allowed a full refund after 24 hours of sending payment. If you have to cancel after the 24 hours, you will only receive 50% back.

  • The buyer will be notified when I have started their commission. If the buyer pays 100% upfront and cancels the order AFTER I start the work, I will only refund 50%. (Example: You send me 100% of your total of $80. If I start the first half of your commission and you cancel, you will only receive $40 back. If you cancel after I start the second half of your commission, you will not receive a refund.)

  • If for any reason I am unable to start your commission you will receive a full refund.

  • If you are getting a refund, do not request a Paypal chargeback. I will transfer the money back to you myself.

  • If you request a Paypal chargeback at any point when you were not allowed to ask for a refund you will lose all before mentioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply Paypal with our conversations in which we talked about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.

9. TRADITIONAL ARTWORK (CURRENTLY NOT AVAILABLE)

  • Traditional artwork is charged higher than digital artwork for the use of materials that need to be replenished on occasion (paper, pencil lead, ink, colored markers, paint).

  • The buyer MUST pay shipping price in order to receive the physical artwork piece.

  • Traditional commissions are made on B4 size paper.

END OF TERMS OF SERVICE