CAKE'S COMMISSION T.O.S
By commissioning me in any way (Currency, Trade, etc.) you AGREE to the terms of service below. Failure to comply with these terms will result in being permanently or temporarily blacklisted from any of my future commissions/trades/auctions/etc.
I. GENERAL TERMS
✦ I reserve the right to refuse service without reason
✦ Please remain polite and professional throughout the duration of our conversation. I am an artist, and this is my job. Just because you commission me does not make us friends.
✦ Please keep in mind I am not only working with your priorities in mind.
✦ Please allow me one week to work before inquiring about the status of your commission.
✦ I accept “description only” commissions, but descriptions must be detailed and provide color palettes or mood boards.
✦ Rude or ill behavior will NOT be tolerated, and if such behavior occurs your commission will be canceled.
✦ Asking for free art, such as offering exposure as payment, will result in an instant block.
✦ I accept NSFW commissions. Please read my NSFW policy below to find out more.
II. PAYMENT
Payment is due upfront before any work is started.
✦ Payment is due within 48 hours of your commission being accepted; failing to do so may result in your request being dropped.
✦ Payment plans are available for orders above $100 USD, but you must notify me beforehand.
There is a required, initial 30% down payment for any payment plan before work is started.
From the purchase date, the client must make a payment at least once every 30 days at the negotiated price.
✦ I reserve the right to decline payment plans for any reason.
✦ Failure to pay will result in a warning and the commission being canceled.
III. COPYRIGHT / USAGE POLICY
Artist Rights:
By commissioning me, you are purchasing my artist labor only.
I retain all copyrights over my work, which include but are not limited to the right to distribute, reproduce, or use the image for self-promotion.
If you are not okay with the commissioned image being shared publicly, please notify me ahead of time.
If you are okay with the commissioned image being posted but wish to remain anonymous, please notify me ahead of time.
I cannot claim intellectual property over, reuse, or resell the image for personal and commercial projects unless otherwise agreed upon.
Commissioner Rights:
You may upload any work done for you to your site(s) as long as it is credited and linked back to any of my galleries.You may use it for any personal use, including but not limited to icons, wallpapers, and personal site displays.You may not claim the work to be your own, or set it up for physical redistribution such as prints, shirts, mugs, charms, etc. unless you purchase commercial rights.You may make one-off personal merchandise, such as individual keychains or stickers, so long as you have no intention of selling said merchandise.You may not use the artwork for any blockchain-related technologies, such as NFTs or cryptocurrency. This includes all past, present, and future derivatives of such technologies, selling platforms, and trading/investing spaces.If you infringe upon my copyright in any way, every right you have to a commissioned piece will be revoked and you will be blacklisted from commissioning me in the future.
A Purchase of Commercial rights to the artwork is a one-time fee of 300% of the original agreed-upon price.
With commercial rights, you are allowed to make any sort of merchandise for monetary gain with the artwork.
iv. CUSTOMS/DESIGN USAGE POLICY
These rules apply to any characters I have designed. Note these only apply to the design itself, NOT the artwork. Read above for artwork usage rights.
You may upload any designs owned by you to your site(s) as long as it is credited and linked back to any of my galleries.You may use any designs I've made for personal or comercial use, including but not limited to keychains, pins, stickers, shirts, ETC.You may not claim the design to be your own. You may credit yourself as a co-desginer if you make any changes.You may not use the artwork OR design for any blockchain-related technologies, such as NFTs or cryptocurrency. This includes all past, present, and future derivatives of such technologies, selling platforms, and trading/investing spaces.If you infringe upon my copyright in any way, every right you have to a commissioned piece will be revoked and you will be blacklisted from commissioning me in the future.
Copyright infringement is defined as:
✦ Reproducing/using the copyrighted artwork commercially (Meaning making money of it in any way)
✦ Taking credit for the creation of the artwork in any way.
✦ Removing any watermarks/signatures.
✦ Uploading the artwork as an NFT.
✦ Using the artwork in AI datasets without my consent.
BLOCKCHAIN / AI TECHNOLOGY WARNING:
If it is discovered that a client uses any artwork created by me as an NFT, cryptocurrency, or in an AI dataset in any form at any time, the client shall:
✦ Have their commission removed from my public art-hosting services.
✦ Delete the offending material(s) from all AI or blockchain-associated technologies, services, and platforms.
✦ Return the entire amount earned from the NFT or cryptocurrency sales using a government-recognized currency.
✦ Be blacklisted from ever using my services in the future.
V. CANCELING/REFUND POLICY
I reserve the right to refuse, cancel, or refund the money for your commission at any time.
Once our negotiation is complete and I start on your commission, I cannot refund you the full amount. Refunds are negotiable depending on the state of the commission; only the unfinished portion will be refunded. You will also receive the commission files in their current stage.On commissions not yet started, you will receive a full refund with no cancellation fee.
Attempted or successful chargebacks WILL result in a permanent ban from commissioning me or participating in my YCHs, auctions, ETC.
Vi. NSFW POLICY
I accept NSFW commissions, but reserve the right to refuse commissions based on topics I am uncomfortable drawing. Please click here for a list of what I will and will not drawPlease do not inquire about NSFW drawings unless you are OVER 18. If it is discovered you are under 18 during the commission process or after, you will be blocked immediately and blacklisted from commissioning me. If you DO NOT have your age listed in your Discord bio, Twitter bio, Deviantart profile, or so on, I will require you to send me a photo of your ID with your birth date visible. Other unrelated info may be blocked out.
VIII. REFUSAL OF SERVICE
As stated, I reserve the right to refuse service without reason. However, there are some general guidelines explaining why I might come to the decision to refuse service to someone.
✦ Past or present harassment of other users or myself
✦ Inciting drama with other users or myself
✦ Continuous breaking of ToS
✦ History of scamming or chargebacks
✦ Blacklist evasion
✦ Participation in blockchain-related technology
✦ History of racism, transphobia, or general bigotry
✦ Has been the subject of buyer/artist bewares
If any of the above behavior is observed before, during, or after the commission process, you may be permanently or temporarily blacklisted from commissioning me in the future.
Any statement listed above may be subject to change if discussed with me before payment.