ARTIST TERMS OF SERVICE - UNDER CONSTRUCTION

For clarity, all instances of "you" refer to the commission client or the adoptable buyer.

All prices are in United States dollars.

Commission Terms of Service

Commissions are works of art produced for a paying client. They are drawn to the client's request.

Payment and Refund Policy

Payment for art commissions is requested upfront. Upon completion of the commission, all payments become non-refundable. If the client requests a cancellation partway through the commission process, partial refunds may be issued. The maximum partial refund is calculated according to when in the process the commission is canceled. The price will be adjusted to match the level of completion and the difference will be refunded.

For commissions exceeding $200, the upfront payment must be at least half of the total price, with the remainder due on completion of the piece.

For commissions exceeding $400, more detailed payment plans may be negotiated.

Commissions ordered through Ko-fi are paid entirely upfront regardless of price and are subject to payment processor fees. Full refunds are issued through Ko-Fi. Because of this, payment processor fees cannot and will not be refunded. Partial refunds for Ko-Fi commissions must be conducted outside of Ko-Fi, and the client is responsible for providing offsite contact info and payment information for partial refunds to be issued.

"Artistic Freedom" commissions are entirely nonrefundable due to the difficulty in itemizing a freeform process.

Commission Work Policy

Xerxes expects the client to communicate their requests for their commission throughout the process. She may initiate communication with the client during any part of the process to provide progress updates and check for client satisfaction.

The client may request a specific deadline. Overly short deadlines may result in rejection of the project or further negotiation.

Xerxes reserves the right to reject or cancel any commission for any reason, including but not limited to: client conduct, natural disaster, family or medical emergency, scheduling conflicts, etc.

Character illustration commissions require a visual reference provided by the client. Written descriptions for artwork are only permissible for custom character designs, which are more expensive than illustrations. Closed species illustrations require the client to provide a valid masterlist entry.

Artist and Client Usage Terms

Xerxes retains the copyright to the original image(s), including the right to display and reproduce the image(s) in any context. This right's intended use is for portfolios, resumés, personal art galleries, and historical record.

All commissioned artwork is for personal use only unless otherwise specified or negotiated. All commercial-use agreements and/or transfers of copyright must be negotiated upfront, agreed to in writing, and may be subject to additional fees and/or royalties.

Clients may reupload their commissioned art to their profiles on general social media as long as credit and links to Xerxes' profiles are provided in some way. Credit is optional but appreciated when the work is used as a profile picture or banner on any site.

Customers may not reupload their commissions to art gallery websites. Please reblog or link to uploads from Xerxes.

Customers may not sell prints or merchandise of their commissioned piece without prior negotiation and approval. Prints and merchandise must be for private personal use only, such as single prints or personal stationery.

No commissioned art may be minted on any blockchain, for any reason, in perpetuity, regardless of any previous commercial use agreement. Clients may be rejected or blacklisted on the basis of their likelihood to violate this term.

Conduct Expectations and Blacklisting

Commissioning art of private, personal characters you do not own without the permission of the character owner can result in rejection, cancellation, and/or blacklisting. Xerxes reserves the right to contact character owners with or without the client's knowledge.

If a payment plan is in effect, failure to pay upon project completion will result in temporary blacklisting from future commission opportunities until payment is received. Depending on client conduct during this period, Xerxes reserves the right to extend the blacklisting beyond final payment or refuse future payment plans to the offending client.

Excessive hostility or rudeness can result in a rejection or cancellation of commission and blacklisting from future commission opportunities.

All cancellations are subject to the partial refund policy.

Adoptable Terms of Service

Adoptables are character designs sold for a one-time fee. The character design is sold as a license to the buyer, with XerxesTexasToast retaining the copyright to the original image. Depending on the price or the nature of the design, the license can be for personal or commercial use. All adoptable sales are final and non-refundable.

Personal Use License

The personal use license permits the buyer to use the design as a personal OC (original character).

You may draw and commission creative works featuring the character for private noncommercial use, including but not limited to art, unique personal merchandise, fursuits or costumes, web avatars, etc. You may display artwork of the character on personal blogs and webpages.

Commercial Use License

The commercial license permits the buyer to use the design in commercial works, including but not limited to as brand mascot (includes professional Vtubing), selling merchandise based on the character (stickers, plushies, home goods, etc.), and inclusion in commercially published media (published literature, art, graphic novels/comics, film, television, video games, etc.).

The commercial license is sole, worldwide, perpetual, royalty-free, sublicensable, and transferable. If purchased, you may release media with the character in any territory for as long as you own it or sublicense the character design for larger media or merchandise projects.

License Transfer and Upgrade

You may resell the character to another party whether your license is personal or commercial. Both licenses are transferable. You may transfer this license via gift, trade, or resale.

When personal and commercial licenses are offered as price tier options for an adoptable design, the commercial license is ONLY conferred when the character is purchased at the commercial license tier price point. If the adoptable is sold through a service with a pay-what-you-want feature, paying more than the personal use license but less than the commercial license will be considered a generous tip, and you will be granted the personal license only.

The current owner of the personal use license may upgrade to the commercial use license by contacting Xerxes for negotiation.

If the current owner is not the original purchaser of the adoptable, they must establish a record of ownership history to the original purchaser for Xerxes to verify before returning to Xerxes to purchase a commercial license upgrade.

Artist's Rights and Attributions

Published media that include visual depictions of the character must include Xerxes in the credits as a character designer. This includes but is not limited to film, TV, illustrated books, and video games.

The commercial license does not include the right to sell Xerxes' original illustrations as-is. The original art may only be reprinted as part of a larger publication related to the development of the published media, including but not limited to concept art books, development retrospectives, unlockable art gallery in video games, DVD bonus features, etc. Publications that contain reprints the original art must include Xerxes in the credits. Prints and merchandise must specifically be new artwork.

Conduct Expectations and Blacklisting

Use of the character in or alongside hateful, abusive, or otherwise reputationally damaging content will result in a blacklist from purchasing any further character designs or commissions from XerxesTexasToast. Xerxes reserves the right to determine whether reputational damage has occurred.

Xerxes reserves the right to pursue legal action against commercial license holders of adoptable character designs in cases of severe and widespread abusive content using the design, up to and including revocation of commercial license and downgrade to personal license. Please for the love of all things good

Buyers acting as intermediaries for blacklisted users will also be blacklisted.