top of page

Terms of Service

Payment

Payment in full is required at the time of consultation, to be collected via PayPal invoice (no payPal account is necessary to pay this invoice, and most major credit/debit cards are accepted).  Payment is due immediately upon receipt of the invoice.  If payment is not received within five (5) calendar days from the invoice date, the Artist may consider the commission as voluntarily canceled.  No fee will be charged for consultation.

​

Special payment arrangements may be made with the Artist’s approval during consultation.  Any such arrangements (if agreed upon by both the Artist and the Commissioner) will supersede the agreement terms in the paragraph above.

​

SubscribeStar supporters are subject to SubscribeStar's billing requirements.  For the purpose of these terms, SubscribeStar rewards and catalog orders are considered commissions except where differences are stated explicitly.

​

Deadline

During consultation, the Artist will provide a deadline of no later than 180 calendar days from receipt of payment, and agrees that the finished product will be delivered no later than the agreed-upon deadline.

​

If the Artist cannot meet the agreed-upon deadline, he will provide notice to the Commissioner at least one calendar week prior to the deadline, at which time the Artist and Commissioner will either negotiate an extension of the deadline, or the Artist will agree to provide a full refund of the commission fee within two calendar weeks.

​

Exceptions

For subscribers, the deadline for rewards will be provided in the initial publication of reward options on SubscribeStar.  In the event that the deadline will not be met, the Artist will post public notice of an extended deadline within three (3) calendar days of the original deadline, and this will be considered sufficient to meet the deadline requirement.  Subscribers may request a refund only if the deadline is missed with no notice posted.

​

Delivery

After the initial consultation and payment of invoice, the Artist will provide a proof of concept (via Telegram instant message if possible, and via email if not).  Upon the Commissioner’s approval of the proof of concept, the Artist will deliver the finished artwork upon completion (via Telegram messaging if possible, via email if not).

​

Any work-in-progress (“WIP”) updates provided beyond the initial proof of concept are provided solely at the Artist’s discretion, as a courtesy.

​

All artwork is delivered digitally as a Dropbox download link (or file attachment as the situation may require).  The Commissioner agrees to download the art immediately upon receipt.  NO WARRANTY is made on the availability of the art in “cloud storage” (i.e. at the provided download link) beyond two weeks from the date of delivery.  No physical media will be shipped.

​

The Artist explicitly disclaims all responsibility for printing, framing, and any other physical installation costs.

​

The Artist agrees to make corrections to the finished artwork if they are reasonably (in the Artist’s sole discretion) obvious oversights of details mentioned in the commission form or subsequent consultation.  The Artist may refuse any alteration request, and such a refusal is not grounds for a refund.

​

Exceptions

Proof of concept drawings are not provided for sketch commissions, which are delivered as-is.  Proof of concept drawings are not provided for catalog orders, since the catalog preview is a proof of concept in itself.

​

Subscriber rewards are delivered via a public Dropbox folder, which can be accessed through the "Subscriber Rewards" link on www.ursamajorartworks.com.

​

Refunds

Once the invoice for the commission has been paid, the commission is then considered to be “accepted.”  A commission that has been accepted may be fully refunded only under the following circumstances:

  • The artwork has not been completed by the agreed-upon deadline.

  • No proof of concept has yet been approved.

 

The Commissioner may request a full refund at any time before the proof of concept has been approved.  The Artist reserves the right to refuse frivolous refund requests altogether (for example, relationship breakups or buyer’s remorse), or to issue such refunds less the initial invoice transaction fees.  If a proof of concept has been approved, a partial refund may be requested, but the Artist reserves the right to withhold from the refund any amount proper to cover the costs of services already rendered.

 

Lack of satisfaction with the finished product is NOT grounds for a refund.  The Artist will do everything that is reasonable (in the Artist’s discretion) to ensure the Commissioner’s satisfaction with the finished product, but delivery of completed artwork is considered fulfillment of the contract terms.

 

Non-payment for a service (for example, if the Commissioner issues a chargeback after receiving the finished work) is a form of fraud and will be prosecuted to the fullest extent permitted by law.

 

Exceptions

Since no proof of concept drawings are provided for sketch commissions or catalog orders, such commissions are only refundable in cases of missed deadlines.

​

Copyrights

The Commissioner herein represents that they are waiving certain copyrights by commissioning the Artist, and that they have all the appropriate permissions to do so.  The Artist will not accept the commission of a scene containing any intellectual property (for example, Disney, Pokémon, My Little Pony, Sonic the Hedgehog) over which the Commissioner does not have copyrights.

It is very important to understand that you, the Commissioner, DO NOT own the copyrights to the finished artwork.  As the creator of the artwork, all rights are reserved by the Artist (including the right to publish the finished artwork without notice or remuneration to the Commissioner), with the following permissions granted to the Commissioner:

  1. Permission to publish the artwork in your own online spaces, with proper attribution, with the following exceptions:

    1. The artwork may NOT be published to the following websites without the explicit permission of the Artist, which is not granted by this standard agreement: e621.net, f-list.net, reddit.com.

    2. The artwork may NOT be published to any “booru” or “chan” type site (including, but not limited to, FurryBooru and u18chan.com).

  2. Permission to create hard copies of the artwork solely for your own personal use.

​

Prohibited Use

As the Commissioner, you agree not to use the artwork in any of the prohibited uses described below, and agree that doing so will result in the immediate revocation of the permissions described above, and may additionally result in civil liability:

  1. The Commissioner may not resell the artwork, put it behind a paywall, or charge an access fee of any kind.

  2. The Commissioner may not use the artwork on merchandise to be sold (including, but not limited to, T-shirts, coffee mugs, and mousepads).  Such items may be created for personal use, but not for resale.

  3. The Commissioner may not use the artwork for the minting of non-fungible tokens (“NFTs”) under any circumstances.

  4. The Commissioner may not make any alterations to the finished artwork.  This includes the use of AI technology (including, but not limited to, Stable Diffusion, img2img, etc.) to alter a finished product (for example, paying for a sketch and using AI to “finish” it).  The only exception is that the Commissioner (and only the commissioner) may crop the artwork for personal use as a “profile picture” on social media and other sites that use such layouts.

​

Limitations of Service

I will never refuse to serve a Commissioner on the basis of race, sex, gender identity, sexual orientation, religion, nationality/national origin, disability, age, or any other protected class.  However, I may refuse any subject matter I don't feel comfortable drawing - none of that is intended to discriminate against any one commissioner; if I refuse the subject matter, you are still welcome to suggest and commission alternatives.  I do, however, reserve the right to refuse service to the following:

  • Commissioners who are under 18 years of age.

    • If you are under 18, I cannot legally accept you as a client because a commission is a legally binding business agreement, which you cannot enter as a minor. (Even if the age of consent is lower in your state or region, the federal age in the United States - by whose laws I am bound - is 18, and online services are governed by interstate and international commerce laws.)

  • Commissioners with a history of non-payment or abusiveness towards artists.

    • If you have routinely not paid artists or issued chargebacks, or have been exceptionally rude or otherwise abusive to me and/or other artists, I may refuse to serve you.

  • Commissioners for whom I can reasonably infer that accepting a commission will interfere with my ability to do business.

    • If I believe your behavior will expose me, through association, to unnecessary hindrance in the community (for instance, if you are affiliated with far-right hate groups or have been banned from multiple gallery sites), I may refuse to serve you.

bottom of page