Terms & Conditions for DROSARIO ART
1. The Artist has the right to refuse any Commission request, without needing to explain the reason.
2 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.
3. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.
4. The Artist will not reproduce a copyrighted image or character with exact detail, colors, and depiction without consent of its copyright owner, and as it pertains to United States Copyright Law (http://copyright.gov/title17/).
5. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion, exhibition, broadcasting, public mention, editorials, radiocast, written publishing, and newscast.
6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement that is not a painted expression of a Higher Self Painting.
7. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
8. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
9. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image until client receives delivery of the piece.
10. The Client may display the Commission in Profiles as long as the Artist’s name (drosario) is prominently displayed along with a link to drosarioart.com
11 Under no circumstances may the Client submit a Commission to any kind of contest.
13. Digital art will not be available for each art piece produced by the artist.
14. Client is responsible for all shipment costs, including shipment from Artist to Client unless artwork specifically states, shipping included.
15. The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.
16. No refunds will be issued after Start of Work. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.
17. The Artist has the right to pursue damages under United States Copyright Law ( ), should their exist a violation in addition to a breach of these Terms of Service. •
18. The Client is encouraged to contact the Artist via email to query a Commission.
19. The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service.
20. The Client may request a different form of communication (e.g., phone call, Skype, Facebook Messenger, etc.) to discuss a project before signing a Commission Agreement.
21. The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission
22. If the Client is under 18, the Client must supply contact information for a parent or guardian. The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.
23. Any artwork piece that resembles or is similar but not exact in precision to another artwork piece by another artist or personage is purely coincidental and client or its associates, relatives or representatives shall not hold artist liable for any representation or deem misrepresentation.
24. The Artist requires all payment up front before Start of Work, unless otherwise agreed upon in the Commission Agreement.
25. All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount
26. Any and all Customs shipping or dock fees shall be paid by the client in order to complete delivery of artwork.