Terms of Service
Last TOS update: 2024/05/31
✦ Added section about additional fees regarding style changes [Revisions]
Disclaimer
✦ I do not allow my art to be used for AI purposes and alike.
✦ NFT usage is strictly forbidden.
✦ If you have any questions, please contact me
User Agreement
✦ By commissioning me, you agree to all following terms.
✦You agree to the policy of using the commissioned work for personal, non-profit purposes unless otherwise stated.
✦Violators will be added to my blacklist indefinitely without warning.
Most Important
By sending the form and then paying for a commission from me, you acknowledge you have read and agree to these Terms of Service.
Any changes to the Terms are going to be discussed case to case in private messages and as such are bonding to both sides.
You (the commissioner, who must be a person legally able to agree to a contract) are going to receive a digital copy of the commissioned artwork either watermarked or unwatermarked, in full resolution as detailed in [Personal Use & Commercial Use Tiers] section.
Artwork is going to be drawn by me, Marlo Art, to the best of my abilities.
Copyright ownership and use limitations are related to license tier as decided between the commissioner and the artist (Marlo Art,me) and detailed in [Personal Use & Commercial Use Tiers] section.
If you wish to have a personalized contract drafted instead of agreeing to Terms of Service, please reach out to me before proceeding with payment.
Any part of the Terms of Service can be changed upon discussion!
WILL DRAW:
most themes/aesthetics
all/any genders
all/any species
weapons/armor
mild gore
artistic nudityI
WON'T DRAW:
fetish art
sexual gore
hateful messages
threats
minors or animals in sexual or violent acts
Deadline vs no Deadline
If the Client wants it‘s work to be done on a certain date, the Client has to pay a deadline fee, which is listed in the Commission Information section.
Without a Deadline the Artwork can take up to 12 months.
Deadline Fee is calculated for each Artwork separately.
In case fo Payment Plans the Deadline is paused until the full amount or agreed amount for each step is payed.
An Artwork will not be finished until the Full Amount is payed.
Pieces will get labeled on the Work Progress with an approximate date, if the artist started the piece or is planning onto finishing it soon.
The commissioned artwork is going to be delivered to you in digital form only, via google drive,email attachment or
in another way allowing for preservation of full resolution and allowing download of all the files.
The files might become unavailable to download after 1 month due to storage use, but I keep the final files saved on my side, and you can request access to them again.
PLEASE NOTE that I only keep the .psd’s for illustrations for 3 months and for VTubers 12 months.
I am not responsible for certain situations in which the files could get lost on my side after being delivered to you
(like hardware damage/malfunction/loss, issues with online storage on side of the provider).
Please, make sure to save the files on your own devices to ensure their availability as I am not able to grant their access forever (though, I'm going to try!)
Personal Use & Commercial Use
For all Tiers:
Any other than [Tier 1] License Use Price, may be discussed and adjusted depending on factors such as Clients audience size!
Client has to credit me and link back to my Twitter/X as the Artist/Designer in case the client posts my work publicly.
[ Design Tier]
Client is obliged, to purchase the fitted Tier, if Client plans on using Artist's Design in any commercial way.
[VTuber / Design]
Client is obliged, to purchase the fitted Tier.
Client is obliged to credit Artist and link back to Artist’s Twitter/X as their Model Artist/Designer in their Twitter/X and Twitch bio, no matter the Tier.
Only applies if the Model/ Design is the MAIN-Design for said VTuber.
[ Reselling ]
You’re only obliged to resell the Artwork if you have the [Tier 4] Rights purchased.
Or after private discussion and my approval.
You and any new Owner still have to credit me.
Layered files such as PSDs are only included in Tier 3 +4 and VTuber Commissions.
[Tier 1 - Personal Use] x1
Not for commercial use, when the artwork does not earn Client money.
Client is obliged to credit the Artist in a visible place whenever you post it, as well as only use the watermarked version
✦profile picture, banner (only on social media and not for advertisement)
✦collection purposes art
✦gift for someone else with no intention of commercial use
✦turning into merchandise for PERSONAL use.
[Tier 2 - Creator Use] x2
When Client wishes to use work on streaming/monetization platforms, social media platforms tied to Client's business, in videos or other promotional materials
✦The art itself does not create revenue but is placed as advertisment of products/brand.
✦Stream website overlays, thumbnails
✦Stream schedule advertisement (or similar)
✦Vtuber, PNGtuber & Assets
✦Turning into merchandise for promotional use
(eg. freebies for subscribers)
✦Free to play games,other media or other form of visual storytelling.
Client has to use the watermarked version and is obliged to credit the Artist in the video's/stream's/product's description.
[Tier 3 - Partial Commercial Use] x2,5
When the artwork brings Client any kind of profit, but the art is not the main selling point.
Client is allowed to use the work without Artist's watermark, but Client is obliged to credit Artist in a fitted place.
✦CD/book/music video cover art
✦Book illustration (paid read)
✦Game/other media type art
[Tier 4 - Full Commercial Use] x3
When Client is going to sell merchandise of any shape or form using Artist's artwork.
Client is not obliged to use Artist's watermark on the artwork and does not have to credit Artist on the product.
But has to mention Artist in their "Credits"-Description, if posting or selling it online.
And also in media like books or videos.
✦any sort of merchandise (e.g. stickers, keychains, dakimakura, prints...)
Reservation of Rights
✦All rights not expressly granted are retained by the artist, including any electronic rights or usage and including, but not limited to, all rights in sketches, compositions, or other preliminary materials.
✦Any use additional to that expressly granted requires arrangement for payment of a separate fee.
✦The Artist retains the right of usage for self-promotion, including placement in portfolio.
✦The Artist reserves the right to use the artwork in any kind or form for it's personal or selfpromotional use. For example streaming, patreon rewards etc.
✦The Artist reserves the right to sell and reproduce the Artwork for any type of commercial use unless discussed otherwise.
✦The Artist reserves it's rights to reuse and/or resell any canceled or non used material that was created during the Commission.
Client can purchase said materials for 80% the price, e.g. complex Design 400€ - now 320€.
✦The Artist reserves the right to postpone Deadlines during health issues.
The Client will get proper compensation, if that case occures.
✦The Artist reserves the right to decline any project without further reason.
✦The Artist reserves the right to refund the Client the full amount paid - or an appropiated amount when already started - if the Artist no longer wishes to work on the project for any reason.
✦The Artist reserves the right to cancel any job if the Client is abusive in any form. An fitted amount of the final price will be withheld. Please head to „Cancellation and Kill Fees“ for more information.
Cancellation and Kill Fees
✦Cancellation (”kill”) fees are due based on the amount of work completed, starting at 50% of the final fee after the Artist accepted the commission, that for any reason the job is cancelled or postponed before the final stage.
After 30 days, 100% will be retained.
Example:
Commission was accepted but no work has been done: 50% due
Client cancels after 2 weeks, sketch has been done: 75% due
(this may vary and is only an example number)
Client cancels after 30 days, no work has been done: 100% due
✦The remainder of payments due upon cancellation are based on the number of stages completed.
100% of the total fee is due despite cancellation or postponement of the job,
if the Art has been completed.
✦Upon cancellation or kill all rights to the art revert to the artist and all original art must be returned, including sketches, comps, or other preliminary materials.
The cancelation of the job is only possible for the following reasons:
1. The Artist isn‘t able to meet the settled Deadline and isn't able to provide compensation.
2. Commercial work can always be canceled.
✦If the artist grants a discount no refund is possible.
✦No refund is possible during health issues on the Artist's Site.
✦No refund is possible for any other reason.
Credits and Copies
✦The Client is obliged to add a credit line suitbale to the design of every Platform or Media the Artwork ist posted on/ used for.
✦ A credit line is required independent of the Artist’s Signature, which shall be included at Artist’s discretion unless otherwise agreed in writing.
✦VTuber Only:
Client is obliged to credit Artist and link back to Artist’s Twitter/X as their Model Artist/Designer in their Twitter/X and Twitch bio, no matter the Tier.
Only applies if the Model/ Design is the MAIN-Design for said VTuber.
✦ Client agrees to pay an additional 50% of the total fee for failure to include said credit line.
✦ Client agrees to provide Artist with 1 sample copy of any printed material if used commercially.
Payment
✦Payment plans are available for orders over 200€.
✦All payments are made through PayPal Invoice, Bank Transfer or Stripe.
✦Sketches and "1 Week" Deadlines have to be paid full upfront!
✦Client has 24 hours to send the money, unless agreed otherwise prior to sending the invoice.
✦Paying in any other way (not agreed upon, not discussed) is automatically considered a donation.
✦In case of Payment Plans, if previously agreed deadline for installement isn’t met, Artist reserves the right to charge a 5€ fee per month, if not contacted by the Client before installement is due.
The Artwork will not be finalized until completed payment.
Revisions
✦Artist agrees to submit 2 stages for Client’s approval.
(1.Sketch and 2.Basecolor)
✦Additional fees will be charged to Client for revisions made after approval of Sketch or Basecolor and for all revisions that reect a new direction for the assignment or new conceptual input.
✦Additional fees will be charged if client demands a style that deviates from artists original style or the work can‘t be used in artists portfolio during difference of opinion (e.g. colors that are not matching with artists style)
✦Artist will provide up to 3 different Sketches for Designs or Illustrations, of which Client can choose 1 from. Client is allowed to merge idea’s of sketches provided.
✦For additional Sketches Client will be charged 50% the Sketch price that is required to move further.
✦No additional fees shall be billed for smaller changes on a Sketch, that does not reect a new direction for the assignment or new conceptual input.
✦No additional fees shall be billed for changes required to bring the final Artwork up to original specification or assignment description.
✦Client agrees to offer the Artist the first opportunity to make any changes to the final Artwork.
✦Small revisions on Designs,Illustrations and VTuber Models after finishing the work will only be made withing the next 48 hours after the file is received. Bigger changes will be charged.
✦VTuber layer adjustments can be made withing 30 days after the file is received. Bigger changes will be charged.
✦VTuber revisions/adjustments will be made up to 90 days free of charge, if it’s based on Artist’s mistake and discovered while rigging/checking files.
✦Client or another Artist is not allowed to change the Artwork in any way or form if not beforehand discussed with Artist.
Any violation of this Term will result in a fine of 100% of the Artwork and immediate blacklisting.
Permissions and Releases
✦Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.
Privacy/DescretionAgreement
✦Client, Artist nor any other involved Party isn’t allowed to share each other's personal/contact details with third parties.
Miscellany
✦This agreement shall be binding upon the Parties, their Heirs, Successors, Assigns, and personal Representatives.
Any dispute regarding this agreement shall be arbitrated in Wuerzburg,Bavaria under the the laws of Germany.
✦This agreement constitutes the entire understanding of the Parties.
✦Its terms can be modified only by an instrument in writing agreed to by both Parties.