Terms of Service

Please read the ToS carefully as it contains a lot of important information and might answer a lot of questions you may have.

If I am asked a question that is answered here I will link you to this page.

Please read the full Terms of Service before sending a commission order form as further changes not specified above may have been made during editing.

General

The Artist is not responsible for lost or damaged items sent by mail once that item has left the Artist's posession.

The Artist may not be available to answer emails on holidays, scheduled days off work, or emergencies. If you do not receive an email reply within 7 days, you are encouraged to resend your email. Occasionally client emails are missed, lost, or accidentally deleted.

The Client must read, understand and agree to all the terms in this document before entering into an agreement with the Artist. By submitting a commission order form and/or payment, the Client agrees to the terms.

In addition; you shall be subject to any posted guidelines or rules applicable to the Artist's services, which may be posted and modified at any time. All guidelines or rules are hereby incorporated into the Terms of Service. This Terms of Service constitutes a binding legal contract that protects both client and artist.

Legal Disputes

Any disputes involving or about the Artists commissions or services, where legal action is involved, shall be governed by the laws of the United Kingdom without regard to conflict of law provisions and the Client agree to exclusive personal jurisdiction and venue in the country of England, United Kingdom.

Permission to use Characters & Age Restrictions

The Client certifies that they have written permission to use any and all characters featured in the Artwork, whether they belong to the Client or another party. The Client is able to provide proof of permission upon request. The Client retains any and all rights to their respective characters.

The Client agrees that they are 18+ at the time of ordering. No persons under the age of 18 may purchase the Artist's services.

Prohibited Content

If you are unsure if the Artist will draw what you want, and cant find it on this list but suspect it may be an issue, please email the Artist at clubgalaxyart@gmail.com before ordering a commission.

Extreme violence, gore, realistic guns, and humorously offensive work will be considered on a case-by-case basis. Please email before ordering work that contains these themes.

The Artist will not create work of the following types:

Custom Character Designs:
The Artist will draw reference sheets only with clear description or other reference images of the character. The Artist will not design a character from scratch. The Client should know exactly what they want a character to look like and have at least a clear written description before commissioning a refsheet.
(Quickly drawing markings on a free base or even doodles really help no matter the quality. Anything the Client does not specify will not be included.)

NFT's or related content:
The Artist will not permit any work to be used for NFT's or for their creation, promotion, or support in any manner. The Artist will not work with companies or persons who create, support, or promote the use of NFT's.

Prohibited in ALL artwork:	Prohibited in adult rated artwork but allowed in non-adult rated content:
Characters labelled as cuntboy (cboy), dickgirl (dgirl), shemale, futa, herm, etc. The Artist is personally uncomfortable with these terms being associated with my work in any way. Trans characters are more than ok.	Characters under 18 years old or who appear to be under 18 (Including Cub / Loli / Shota and other terms of characters who appear to be under 18)
Certain species as anthros: Spiders, most species of monkey or ape (Lemurs are ok.)	Chibi style (except for telegram stickers)
Victorian curls and beehive hairstyles.	Feral / Bestiality (characters who are nearly identical to real animals, their only difference being human like intelligence / clothing / accessories, and / or actual animals)
Vore, scat, urine drinking, hyper, macro/micro, inflation/hyper inflation of all or parts of body, transformation, stuffing (over feeding or force feeding), oviposition (egg laying), hypnosis, lactation, pregnancy.	Canonical Characters from children's series (e.g. My Little Pony, Digimon, Sonic, Pokemon.) (Anthro OC's not to be drawn in the style of existing media are ok.)
Incest	-
Characters to be drawn in another artists style that is not my own and / or the style of existing media such as but not limited to: Five Nights at Freddies, Homestuck, My Little Pony, Digimon, etc.	-
Pool Toy / Balloon characters, Goo / Slime characters.	-
Non-consensual sexual situations.	-
Content that hints at adult engaging in baby play, age play, or age regression even if SFW. Includes diapers.	-
Content or characters promoting hateful targeting of minority groups, and / or spreading a message of hate towards individuals or groups of people on a basis of things including but not limited to: Skin colour, nationality, gender identity, sexual orientation, biological sex, religion, etc.	-

Declined & Cancelled Commissions

The Artist reserves the right to decline or cancel a Client's commission for any reason including but not limited to:

The artwork being asked to contain anything listed as prohibited in the Artist's list of prohibited content.
The artwork is asked to contain something the Artist feels uncomfortable creating.
The Artist feels they will not be able to complete the Artwork to the standard it deserves.
The Client has sent their order request during a time when the Artist is not advertised as taking on more work.
The Artist feels unable to finish the Artwork within any time limit the Client may have imposed.
The Artist suspects that the Client has not read the Terms of Service.
The Artist suspects that the Client is under 18. Even if the Client has permission from a parent or guardian.
Poor, rude, or inappropriate communication or behaviour from the Client.
Inability to communicate in clear/effective English.

Payment

Payments will only be accepted via Paypal or Stripe invoice and will be sent in UK Pounds Sterling. No other currencies are accepted at this time.

All payments must be made within 7 days of invoice, unless a different time has been agreed to before the Client sends an order request. Should payment not be made within the stated time, the commission will be cancelled.

All payments must be made in full and up front before any work will start. Once full payment is received and cleared, the Clients commission will be added to the Artist's work queue.

Any payments, excluding payments intended as tips or donations, that are sent outside of invoices without the Artist's prior approval will be refunded.

Privacy Policy

All private information and data provided in the Artist's commission order form as well as any and all emails exchanged during the process of commissioning the Artist will be held for a period of 6 years after the commission's completion in case of any legal issues that may arise, and as is required by UK law.

The Client will be asked to provide certain personal information depending on their commission type.

All commission orders will ask for:

The Client's legal name for any legal issues that may arise.
The Client's email address for contact purposes.
The Client's payment information for payment purposes.

In cases where The Client's order includes a physical item The Client will be asked for their shipping address so that their item may be shipped to them.

The Client's personal information and data will never be sold or shared.

JotForm (the host of the Artist's commission order forms) Privacy Policy can be found here: https://www.jotform.com/privacy/

Communication

Clear and concise visual references and/or description of a commission idea must be provided by the Client at the time of commissioning.

Communications about commissions between the client and Artist will take place solely through clubgalaxyart@gmail.com for the purpose of record-keeping and consolidation. The Artist will not discuss commissions with a Client using personal note, instant messenger, or public forum.

The only instance where the Artist will contact the Client via alternative means will be if the Client does not respond to emails and will only ask the Client to check their emails and respond there.

The Artist will ensure the Client will receive email updates on their commission when necessary. Clients are encouraged to check in when they feel it's necessary for updates, assurance, reminders, or with questions.

If no contact can be established via email or alternative contact methods, the Artist will cancel the Client's commission and refund the payment in line with the Artist's refund policy.

Clients must make sure to check their emails reguarly during the commission process. Public updates are available via trello.

All commission related communication must be kept professional.

The Client should not disclose personal situations such as their sex life, past trauma, etc.
The Client must not make inappropriate or sexual comments toward or about the Artist.
The Client should refrain from using 'roleplay' like speech and / or talking in a purposefully child-like manner. For example things such as; hewwo, nya, *nibbles*, *nuzzles*, ect.
The Client must refrain from using 'petnames' to refer to the Artist. For example calling the Artist babe, love, honey, mister squishie, etc.

This will ensure that nothing will be misunderstood in the process of the Client's commission being completed.

Alterations To Works

The Client will be sent the sketch for approval before work is continued. Any and all alterations to the artwork (with the exception of minor changes) MUST be made at the sketch approval stage. If the Client does not like what has been drawn, they are entitled to one complete redraw of the sketch from scratch and must provide additional details of what they would prefer if this is the case. Reference images including stick figures are very helpful to the Artist.

Once linework has been started no changes to the pose or details may be requested. If the Client absolutely MUST have something changed at this stage they will be asked to pay an extra fee depending on the complexity of the alterations requested.

Minor colour related changes (such as changing the colour of a marking or tattoo) are usually able to be made after the commission has been completed. These are the only free changes allowed once the commission is complete.

If the Client notices minor mistakes with the commission, the Artist is happy to correct this for free. If it's a substantial change the Client will be asked for a fee depending on the complexity of the change they want. This covers the time taken to make the changes.

The Artist will not make alterations to commissions more than 6 months old.
The Artist will not make alterations or additions to work made by other people.

Image Rights and Distribution

The Artist retains all rights to the finished works, or any artwork created during the process of completing the Clients commission. The Client may not sell, redistribute, or reproduce the artwork in any way without prior permission.

The Artist does not give consent for any of their work to be included in AI training datasets or to be used for any form of AI content creation.

The artist, as the copyright holder, is permitted to:

Display the artwork online where the Artist chooses, without permission from the Client. Except in cases where it has been previously arranged to keep the artwork private.
Sell content featuring the artwork with permission from the Client.
Include the artwork in collections of work for sale without permission from the Client.
Use the artwork in personal portfolios, without permission from the Client.
Recycle or reuse any sketches or prepatory works that were rejected by the Client for other commissions or personal works.

The Client, is permitted to:

Share the low resolution version (marked 'lq' or 'low res' in the file name) of the finished commission publicly online, and must provide credit to the Artist wherever possible via a link back to http://club-galaxy.weebly.com
The high resolution version of the finished commission may be used for printing for the Client's private collection.
Use the commissioned artwork as an avatar/icon online, giving credit wherever possible via a link to via a link back to http://club-galaxy.weebly.com
Use the commissioned artwork as a badge, credit card background, or other any other personal item.
Produce items featuring the artwork to give as gifts or for free.

The Client is not permitted to:

Sell the artwork in any way without prior permission. This includes but is not limited to selling NFT's, prints, merchandise, books, etc, featuring the artwork.
Use the artwork to promote or advertise anything that will make the Client money without prior permission.
Alter the artwork in any way outside of cropping or adding text.
Remove the Artist's credit or watermark from the image.
Include the image in any Artificial Intelligence training datasets.

A licensing fee is required before the Client can use the art commercially. This can be obtained at the time of commissioning, or anytime thereafter.

The Client retains all rights to their respective characters.

Refunds

The Client should privately discuss refunds with the Artist prior to one being given. Chargeback of funds via Paypal will result in any rights to any content created being forfeighted.

The Artist retains the right to cancel a commission and give a full or partial refund at any time for any reason. Full refunds will only be given in cases where work has not been started. Otherwise a partial refund will be given depending on the amount of work that has already been completed.

Refunds (full or partial) will only be given if:

The Client requests a full refund after 1 month of waiting for work on their commission to be started and no progress has been made. (With the exception of there being 5 or more other commissions in front of theirs in the Artist's work queue.)
In the case the Client is genuinely unhappy with their commission and provides specific reasons why, a partial refund will be given, or the work re-done.
The Artist cannot start/complete the commission for any reason, whether it be personal problems, lack of skill, or a difficult or rude Client. A full refund will be given if work has not started. A partial refund will be given if work has started.
A partial, 50% refund will be given if, at any point, you cancel your commission if work has not started work on it.

Private Commissions & Livestreams

If the Client wishes a commission to remain private, and to not be posted online, they must select the relevant option in the commission order form. Choosing this option will incur a private commission fee to compensate for potential lost sales as posting completed commissions is a large form of advertisement for the Artist's services. This fee is non-negotiable and non-refundable.

If at any time the Client shares the work publicly, the Artist hereby retains the right to do the same, regardless of the Client having requested it be private.

The Artist does not always livestream as they work, however they may do so in some cases. If the Client does not want their commission livestreamed, please select the relevant option in the order form. This option does not incurr a fee.

If the Client would like their commission to be posted after a certain date, please select the relevant option in the order form. This option does not incurr a fee.

Breach of Contract

Any breaching of the terms herein will result in the cancellation of the Client's commission and forfeits any and all rights to:

A refund regardless of how complete the commission is.
Any content created for the Client.

Unfinished or Finished commissions from clients who have breached the Terms of Service may be re-used in any way the Artist sees fit once character specific details have been removed. Should a previous Client who has breached the Terms of Service post the artwork online, the Artist will request a DMCA takedown from the the website the art has been posted to.

Chargeback of funds via Paypal constitutes a breach of contract.