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TERMS OF SERVICE
TERMS OF SERVICE
TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF SERVICES CAREFULLY.

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NON-FUNGIBLE TOKENS (NFTs)​ AND ARTIFICIAL INTELLIGENCE (AI)

  • Absolutely under NO circumstance may the artwork be used to create NFTs now or in the future.

  • I DO NOT permit my artwork to be used for generative AI

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CONTENT RESTRICTIONS

  • I do not and will not draw bigoted or hateful content including but not limited to racism, sexism, homophobia, extreme violence, etc. 

  • I am willing to draw lewd / NSFW content, but I reserve the right to refuse the request if I feel the need to do so.

  • I will not replicate or create an exact copy of another artist's art.

  • Editable files will only be given upon payment of buyout license fees.

  • I will absolutely draw fanart, but in accordance with Federal Copyright Law I cannot give you permission to sell merchandise with the design(s).

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​GENERAL

  • Each work will be unique and therefore subject to reasonable variation.

  • Style requests are welcome, but exact style matching cannot be guaranteed. Additionally, I WILL NOT EMULATE ANOTHER SPECIFIC ARTIST'S STYLE.

  • Channel / Ko-Fi donations are not considered as payment towards commissions. Payment will only be accepted via CashApp, PayPal, Zelle, or previously agreed upon form of payment.

  • Tips are never expected but always appreciated!

  • The prices are current and are subject to change. Prices are based on time, complexity, and any licensing for the work.

  • Prices are in USD.

  • You must be 18 years or older to commission.

  • If you have any questions or concerns not answered here, feel free to ask!

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COMMISSIONS AND PROCESSES​

  • Work does not begin until terms of payment have been agreed upon and a non-refundable 20% deposit has been paid and received.

  • Timeline will vary, but initial sketches will usually take about two to four (2-4) days. For the completed work, I try to have it completed around two (2) weeks (14 days) after approval of the initial sketches (not including holidays).

  • If you would like frequent updates on the work, let me know. I usually send progress shots throughout the commission for feedback, but if you require specific checkpoints or just need more frequent updates, I can oblige.

  • Please be honest during the sketching stages. I cannot give you what you want if you don't tell me! Any and all reference photos, sketches, detail descriptions, etc. that you provide help me bring your vision to life.

  • Full payment is due upon completion of the commission.

  • Deadlines can be negotiated. If there is a hard deadline and/or a rush order is necessary, please let me know at the time of the request so I can tell you if it is feasible for me to complete the work by the deadline.

  • Extensions may be requested by me, and granted or denied by you. If you believe that the work is not yet complete, you may extend the deadline and/or request revisions with appropriate additional compensation as determined by me.

  • I reserve the right to display all aspects of my creative work, including live-streaming, recorded videos, sketches, work-in-progress designs, and the completed project on my portfolio.

  • Please do not demand that your commission be streamed or request a time for it to be streamed.

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COPYRIGHTS

  • Your purchased art is for PERSONAL USE ONLY and NOT FOR RESALE, unless licensing is purchased or you were given prior written permission from me.

  • A COMMERCIAL LICENSE can be purchased for 2x the price of the commission.

  • I hold all rights to the work including reproduction of images, ownership, publishing rights, and creative licensing.

  • I also hold license to use copies of the work for portfolio purposes or promoting my work.

  • All images posted on social media must give credit (@breezlebit).

  • Work may not be altered or modified in any way, except for slight cropping in the case of social media posting or if full commercial licensing is purchased.

  • If you would like to use the art for stickers and/or other merchandise to be distributed or sold, you must buy the commercial license.

  • Licensing is not available for derivative designs (i.e. fan art) based off of another work or IP.

  • Even in the case that a license for commercial use is purchased, the work can still be used in my portfolio and for promoting my services.

  • Any copy of the art must retain all copyright and other proprietary notices contained therein.

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REVISIONS

  • There are unlimited revisions during the concept and sketching phases, within reason.

  • Once the preliminary sketch has been approved, only minor revisions are allowed at no cost. Any major changes requested after the preliminary stage will result in additional fees added to the price of the commission to create the change(s).

  • If further revisions are requested after the approval of the final draft, the same additional fees at my discretion will apply. 

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CANCELLATIONS & REFUNDS

  • If you do not wish to continue with the commission after completion of the preliminary (concept and sketch) stage, no further compensation is necessary.

  • If work in the post-preliminary stage has begun and you would like to cease work, you are entitled to a refund of the amount paid NOT INCLUDING THE DEPOSIT.

  • If you wish to cancel the commission after the given completion date or if you are not satisfied with the finished product, a refund of 25% of post-preliminary payment (NOT INCLUDING THE DEPOSIT) may be awarded at my discretion and all client copyrights will be revoked. 

  • If you choose to cancel at any time, all copies of the artwork must be destroyed.

  • I reserve the right to refuse any commission. Commissions that I cancel will be given a full refund, including the deposit. 

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PRE-MADE DESIGNS

  • Purchasing pre-made designs does NOT grant you exclusive use of these designs. Purchasing the digital files DOES NOT INCLUDE the copyrights to the work.

  • Pre-made designs may NOT be edited or redistributed.

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MISCELLANEOUS

  • If you wish to add to your order, please do so as soon as possible. This gives me a clearer idea of the timeline for the work as well as proper pricing. Bundle pricing for additional items cannot be offered at a later date. 

  • If you wish to add to your order, and it is after the preliminary sketches have been approved, the addition will be processed as a separate order and put into my next available commission slot.

  • If it has been more than 2 business days and you have not received a response, please email me directly at breezlebit@gmail.com


LEGAL

If any provision of the contract shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the contract and shall not affect the validity and enforceability of any remaining provisions.

 

IF COMMERCIAL LICENSE IS PURCHASED, ARTIST DOES NOT REPRESENT OR WARRANT THAT DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. ARTIST HAS NO RESPONSIBILITY TO CLIENT IF THE DELIVERABLES DO NOT LEAD TO CLIENT’S DESIRED RESULT(S). 

 

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.

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