MagicalBoy

Ezra

Terms of Service

DISCLAIMER

By purchasing my services, you automatically agree to the conditions below. Read my TOS thoroughly; I will refuse service if you do not agree to my terms; if you are not comfortable with my TOS or are otherwise unwilling to agree to my conditions, your commission may be denied.I do not allow my art to be used for AI purposes or anything similar; do not upload my work to an AI site. All NFT usage is strictly forbidden.

Please contact me with any concerns.

USER AGREEMENT

By commissioning me, you agree that you have read and accepted all of the terms within this document. You will agree here to the policy of using the art for personal, non-profit purposes only, unless otherwise stated during consultation, and provide all image credits to me.

Violators of these terms will be blacklisted immediately, indefinitely, without warning, and legal action may ensue.

GENERAL CLIENT

• You will be expected to read my TOS and understand my general Commission Pricing beforehand.
  
• You may display my work on external websites and other platforms as long as there is a visible credit that links back to me.
  
• You may not upload or host any of my work in any gallery that is intended to display personal work only.
  
• You may not claim my work as your own.
  
• You may use the artwork for personal use, including but not limited to: avatars, digital wallpapers, and personal website/profile displays.
  
• You may not upload the source/.clip file, should that be shared with you, the Client.
  
• You reserve the right to print or otherwise produce a physical copy of the artwork as long as it is for personal, non-commercial use.
  
• You may not use the artwork for redistribution or external projects, commercial or non-commercial unless otherwise discussed during consultation.
  
• In the case of an adoptable, you retain the rights to the character design and all future use of that character; refer to all statements regarding my artwork use.
  
• You are NOT authorized to change, modify, edit or use my works without my permission.
  
• You are NOT authorized to trace over my artwork in any way, including the use of my artwork as a “base.”
  
• Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes but is not limited to: inappropriately worded comments on my profile and private messages. I reserve the right to place anyone on the blacklist over harassment.
  
• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents. These clients are permitted to include signatures and/or watermarks indicating that the artwork is my intellectual property. Credit of some form is required.
  
• By placing an order, you agree to these terms and conditions. Please read these terms carefully.
  

ARTIST

• By commissioning me. You are purchasing my service as an artist only.
  
• I reserve the right to post your finished artwork in my gallery for any reason.
  
• I reserve the right to decline any project or client for any reason.
  
• I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.
  

• I will not draw the following:
  

Mecha, vehicles, elderly people, realistic portraiture, bara, and specific kinks that may be discussed between the Artist and Client, and anything else that may make the Artist uncomfortable.

COMMERCIAL USAGE AGREEMENT

• If you wish to order a commission for commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.
  
• The minimum price increase of 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit. (Initial (100% increase does not apply to the ‘PNGtuber’ slots or ‘Emote’ slots, as they have been priced to include this charge already; although complexity of character design may ultimately result in a steeper charge. Usage of Tier 2 or Tier 3 with PNGtubers or Emotes will result in the coinciding % charge).
  
• The following cases are considered commercial use: Reproducing and selling the artwork publicly or privately, instances in which you receive profit from a medium/platform where you have posted my artwork (ie. Patreon, YouTube, Twitch, a personal site, business cards, a logo, etc.)
  

TIER                 CONTENTS             % INCREASE

TIER 1  -  TWITCH/YOUTUBE/TWITTER PROMOTION -  100%

TIER 2 - PATREON/BUSINESS CARDS/PERSONAL SITE - 200%

TIER 3   -    REPRODUCING/SELLING/MERCH    -    300%

COPYRIGHT

• I reserve the right to sign and/or watermark all of my own artwork. I will send you a full resolution image (by email or via Google Docs), but my signature will remain on both the full resolution and smaller versions of the artwork.
  
• You are responsible for protecting your ownership over the rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading to external sites or platforms.
  
• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, I may do whatever I wish with that art (ie. post it to other sites or platforms) but will give proper credit to you for the ownership of the character’s design.
  
• In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the artwork for personal or commercial projects unless agreed upon.
  
• In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the Client.
  

NDA - PRIVACY REQUEST

• If you wish for your request to be private, it must be stated during the ordering process/consultation.
  
• I reserve the right to charge a privacy fee if I deem fit.
  
• The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.
  
• However, this also means that you must refrain from sharing any such information yourself.
  
• This is especially important if you are a Vtuber and want me to keep assets private until your debut.
  
• The NDA fee usually starts at +5% of the total quote, but might differ. Larger projects denote larger fees.
  

COMMISSIONS ORDERING

• You are expected to fill out the Commission Ordering form on my website.
  
• You will get a reply from me to discuss details if need be, as well as confirmation of your slot.
  
• I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form.
  
• If your character is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (ie. change the character, agree to a simplified design) before the transaction is complete.
  
• Please make your request concisely worded with minimal abbreviations, so as to be very clear.
  
• Any emails, private messages, and comments that you send and want me to acknowledge must be sent in English.
  
• Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details.
  
• I will, after everything is processed and confirmed, send you an invoice. You need to confirm the payment with me before I start your order.
  

PAYMENT

• I am not responsible for any mistakes made on your part over the course of the transaction.
  
• I will only accept USD as payment via PayPal, Cash App, or in some cases, Facebook Pay.
  
• It is expected that you deposit 100% of the price upfront before I begin work; no exceptions unless explicitly stated otherwise.
  
• After 100% of the payment has been received, I will begin sketching. The sketch will be sent to you.
  
• If payment is not made in a timely fashion (24hrs) after consultation or invoice placement, I will cancel the commission and revoke your slot. Repeatedly setting up a commission and failing to pay will result in a blacklisting.
  
• Regarding Auctions: You are not allowed to retract your bid. Only bid if you are sure you can afford to pay your bidding.
  
• On your first problematic transaction, you’ll receive a simple warning via text from myself. The next time you either fail to pay or try to retract your bid, you will be blacklisted and refused the opportunity to bid from or commission me in the future.
  

PAYPAL DISCLAIMER

• Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client.
  
• Nothing is ever intended by either me or the Client, to be physically shipped to them.
  
• I am not required ever to ship any item unless it was explicitly discussed.
  

REFUNDS

• I can refund 100% of the payment if the sketch is not yet started.
  
• After I begin sketching, there will be no refunds.
  
• If I cancel a project, I will refund you 100% of the order.
  
• If we agree to a payment plan and I begin the commission after your first deposit has been made, I will not refund that deposit if you back out of the payment plan.
  

QUEUE/SCHEDULING/WORK SPEED/DEADLINES

• I may take up to 3-5 days to respond to initial order inquiries.
  
• You reserve the right to set a deadline for your commission; this must be disclosed before payment and must be reasonable (ie. an incredibly complicated design with two characters will not be done within 1 week).
  
• If you did not alert me to a deadline, you must not send reminders until this 4 week's buffer period has passed. Reminders will be ignored if they relate to work that I have prioritized above your project, including other commissions and gift art.
  
• If due dates are discussed, it is also the clients' responsibility to ensure prompt communication. I will not be held responsible for late delivery.
  
• No harassment over my work speed will be tolerated, regardless of the time that has passed.
  
• I will work on commissions randomly. This means I will work on the piece I'm the most inspired/ comfortable with at the moment.
  
• You reserve the right to be notified of any delays.
  

RUSH FEE

• Rush fees are at least + 25% of the commission. Fees might vary depending on the project and the timeframe provided.
  

REVISIONS & FEEDBACK

• I will send a WIP (‘work in progress’) image after 100% of the payment is completed.
  
• These images will come in the form of .png files as an attachment in the email or a DM.
  
• The responsibility is on you to ensure your order contains the details you want me to follow.
  
• I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.
  
• I will only send a guaranteed WIP for the Sketch, but you are free to request a WIP at any given time.
  
• Up to two major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be made afterwards.
  
• Each time I send a WIP to a client, I ask the client to provide feedback to me.
  
• Changes will only be made at the sketch stage. Color corrections will be made at the color stage.
  
• Any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.
  
• I will not be held responsible for any changes in ownership of the said character.
  
• After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my faults (e.g., I overlooked details provided in the order).
  
• In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.
  
• I will not redraw a completed commission unless payment is received for a second order.
  

FINAL PRODUCT

• There may be slight differences between the samples in my gallery and the illustration you will receive.
  
• The commissioner must respect that my artistic style cannot be altered.
  
• I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.
  
• Credit to me, the Artist, is required when you post or use it on another platform.
  
• You, the Client, are responsible for saving any information, images, and other digital data I provide.
  
• Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure or accidental deletion or loss.
  
• I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.
  
• Feedback of the final product is permitted after completion of the piece, through private messages or comments.
  
• Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.