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TERMS OF SERVICE | Last Updated November 2, 2023

I. Introduction

1. By submitting both a commission form and a payment for my work, you agree that you understand these terms.

2. If any individual wishes to obtain my artwork and does not agree with part of this TOS, they may message me directly to settle the issue and potentially void a part of this TOS.

3. These TOS are subject to change without public announcement. However, I will notify active commissioners if any changes will apply to them throughout the rest of their commission process.

4. If a commissioner breaks a term, I reserve the ability to take action to protect my rights as an artist.

II. References and Forms

1. FOR CUSTOM ARTWORK, Commissioners must provide an accurate, up-to-date reference for their character(s). If the reference is not accurate, this should be noted in the initially submitted form.

a. If a commissioner does wish for artwork to be edited after it has already been complete, I may be willing to do so for an additional fee, but this should be discussed privately.

b. The commissioner is responsible for reference quality. I do not accept commissions for which I cannot use the provided reference(s). Text-only references should be supplimented by photographs whenever possible.

c. I will only make major changes throughout the commission process to match clear visual references. The amount that I am willing to change at any part of the process will be left up to my discretion, and I will not make major changes to add elements that were not clearly stated/visualized when the commission was initially placed.

d. The commissioner is responsible for ALL inaccuracies in their references/descriptions.

e. Characters that may reasonably be considered "complex" may be subject to an upcharge. This is currently left up to the judgement of the commissioner. Complex characters include (but are not limited to) those with an unusually large color palette, very intricate/specific markings/tattoos, and additional details that will require more time and effort than most characters.

2. No other artist may edit my art in any way without my explicit permission.

a. Exceptions to this statement include "editable" works, such as reference bases and background packs.

III. Artist's Rights & Copyright

1. I retain the copyright to all of my work and require some form of credit or attribution when the art is posted by any person other than myself.

a. Acceptable credits include:

- www.voskhodart.neocities.org

- Hubble on Toyhou.se / www.toyhou.se/hubble

- Voskhod on Ko-Fi / www.ko-fi.com/voskhod

- Voskhodart on Tumblr / www.voskhodart.tumblr.com

- FOR ART RECIEVED VIA ARTFIGHT: Voskhod on Artfight / www.artfight.net/~voskhod

b. If my art is cropped for an avatar or similar banner and my signature is no longer visible, credit should be provided elsewhere in the profile if possible. (ie. a forum signature or profile description)

2. I retain the right to use commissioned art as example art for future commissions. All character credit will be given to the rightful owner of the character.

a. This includes any images containing the artwork throughout the drawing process.

3. My artwork should not be used by commissioners on any non-virtual item without my explicit permission.

4. My artwork should not be used for profit by any person other than myself, unless that artwork has been commissioned with the explicit intent of being used for merchandise.

5. My artwork is NEVER to be depicted on or used as a non-fungible token.

IV. Commission Cancellation

1. I reserve the full right to cancel any commission at any time.

2. If the commissioner has chosen to give an up-front payment before the cancelled commission was to begin, they may request a refund. Refunds may be full or partial depending on the specific circumstances surrounding cancellation.

3. The commissioner may cancel the commission at any time as well, as long as they notify me through a direct message on the same platform they are using to commission me.

4. If a commissioner is not willing to communicate for over a month, the commission will be subject to cancellation.

a. This also includes users who are banned from our platform of communication.

V. Wait Time

1. My commissions may have a wait time of up to 6 months, unless given a set deadline that is agreed to by myself and the commissioner before the commission is changed. This is subject to change depending on the type of art requested, and commissioners have the full right to message me asking for estimated times. Wait times may change without immediate notification.

a. Commissioners who repeatedly ask for new time estimations are subject to having their commission cancelled, as I cannot repeatedly estimate this information.

VI. Artistic Statments

1. My work will be done in my style. I work under the assumption that the commissioner is aware of what my previous artwork looks like.

a. I do not accept requests to work in the style of another artist.

b. I reserve a level of artistic liberty in order to make a character/design match my style. Designs presented in a style that is extremely different from my own may be adjusted to be represented as accurately as possible within my abilities.

c. If a commissioner is seeking art to a higher level of reference accuracy than what I typically provide, this should be noted at the time of commission and may incur an upcharge.

2. I refuse to draw any image which promotes hate or discrimination.

a. I will not draw characters who depict racist, transphobic, homophobic, ableist, or otherwise harmful stereotypes.

3. Commissioners may request process updates at the time of commissioning.

VII. Commissioner's Rights

1. All commissioners have the full rights to:

a. Contact me to potentially void any part of this TOS.

b. Cancel their commission at any time.

c. Request a refund if the commission is cancelled.

d. Request changes which align with the statements of section II-1.

e. Contact me with any questions or concerns related to their commission.

If you wish to discuss any part of these terms prior to placing a commission, please reach out to me directly! For the quickest response, you may contact me on Discord at voskhodd. For professional inquiries, please contact me via email at voskhodart@gmail.com.