Terms of Service | Shirome website

Redistribution Policy

With the completion of the commission, the artist is entitled to the copyright of the original work. However, the client is free to use the art as they, please (according to the usage policies). However, the client cannot claim the artwork as their own.
Credit must be given to Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
Usage of Work for AI (artificial intelligence) tools; platforms or programs, ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
Client must not edit or modify Work in any way without prior permission from the Artist.

Personal-Use:
For personal use, the client can use the commission as a profile picture, non-profit videos, logos, non-profit print redistribution (flyer, menus, brochures), uploading on social media platforms, personal projects, or other non-profit use. Unless stated otherwise, all commissions automatically come with a personal-use license.

Commercial Use:
For commercial use, the client may use the commissioned piece for any monetary redistribution. This includes but isn't limited to prints, merchandise, apparel, monetized video and animation, monetized video games, and other commercial uses. Please discuss the terms with the artist to receive a commercial license. Additional charges will be required for commercial use if not included.

*Please communicate with the artist regarding the showcase of your commission on the artist's social media sites. I'm happy to hold off on posting for debuts, special events etc.

Right of Rejection
Before the beginning of a commission, the artist has the right to rejection. Whether it's for personal reasons, lack of time, or the belief of incapability to execute the commission effectively, the artist is always entitled to the right of rejection.

Some content I am not comfortable representing include:

Furry/furries
Fully mech/Robotic
Copying specific styles including other artists'
Cultures I feel I may not be able to represent accurately or authentically
Explicit content of minors
Anything I deem inappropriate or offensive

Right to Copyright
The Artist retains copyright, ownership, redistribution, and intellectual property rights, which include but is not limited to display, advertising, printing, the Work and Work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch), and more.

*I, the Artist, warrant that the work will be my original work performed to the best of my ability.

Right to Compensation For Revisions
The client is allowed up to 6 revisions for the rough sketch and refined sketch phase, after lineart only minor revisions are allowed. After 6 revisions have been used up per stage, the artist is entitled to be paid $15 per hour spent on revisions.

Revisions may affect progress and timeline.

Artist's Rights

Client Rights

The Right to Make Changes
The client has the right to issue and suggest as many changes (allowed) as needed to their liking. A rough sketch, refined sketch, and flat colored version will be delivered through whichever contact method is best. If the client wishes for something to be changed, it MUST be done before the rendering stage. The earlier the changes are made, the easier and faster the changes can be done.

The Right to Retain Copyright of Original Characters, Designs, and Brand
Despite the artist's right to retain copyright of the original work, the client is entitled to the copyright of their own characters, designs, and branding material offered to the artist. The artist will not claim any right to original characters, designs, and brand -- only the specifically commissioned piece itself.

Engagement and Communications Policy

Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design and reference material for the use of the Work.
Client warrants that the character design and reference material provided to the Artist are legally obtained and authorised for use by the Client.
Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.
Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
Artist warrants that they will not copy or heavily reference unauthorised materials.
Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord, Twitter, Google document, email, or other forms of contact. The details set forth by the Artist shall be agreed upon by the Client before work begins.
Artist provides progress updates and seeks Client feedback voluntarily
Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
Artist response time may vary, up to one week in order to provide better or more concrete updates.

Cancellation Terms and Refund Policy

If for any reason, the client decides to issue a refund, they will be allowed a full refund BEFORE the finalization of the sketching phase. After the rendering process has begun, the client may not cancel the commission for any reason but may stop the rendering process and receive an adequate refund. Refunds are not available after the final artwork has been delivered.

If the artist is 50% done with the piece, the artist is entitled to 50% of the agreed price while 50% may be refunded. If the artist is 75% done with the piece, the artist is entitled to 75% of the agreed price and 25% will be refunded etc.

Commission Timeline Policy

The client should receive their commission within 1-2 weeks. If there should be any delays, the client will be notified before the commission has been accepted. If the artist fails to deliver the commission within a reasonable time, the client is entitled to a refund or compensation of some kind.

*Note that the stated time frame may be longer depending on the status of the waitlist and response time between the artist and client. The timeline depends on commission type, complexity, and workload.

If the client wishes to have the commission completed before a certain date, please specify so. Express fees may apply if the artist is not given at least a 2 weeks notice to complete the commission. The Client is responsible for planning launches and streams accordingly.

Payment Method

Payment shall be done with Paypal or Cash App.

I do NOT accept cash. mail-in cash, checks, e-checks, wire transfers, or any miscellaneous payment method.

A partial payment or full payment is required before the artist can begin the commission, after the payment is received, the rough sketch and composition will begin ASAP. If there is a waitlist, clients who have already paid the full amount will be prioritized. Partial payment is accepted, but the full amount must be paid BEFORE the rendering process can begin (At the lineart stage).

*Invoices, proposals, or payment links will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.

Confidentiality

The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information), or are incorporated into the deliverables, that will not be visible to the public shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

Indemnification

Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.

If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.

Acceptance Agreement

By agreeing to the terms and services, you are agreeing to follow all the above terms as per contract. As a result, both the artist and client rights shall be protected by this contract and if issues should arise, they will be resolved privately in the interest of both parties.