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Terms Of Service

1. The Artist has the right to refuse any Commission request, without needing to explain the reason.2. The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.3. The Artist will not reproduce a copyrighted image or character without the consent of its copyright owner, and as it pertains to Copyright Laws and Regulations (https://iclg.com/practice-areas/copyright-laws-and-regulations/usa)4. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.5. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.6. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.7. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.8. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.8. a. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.8. b. Under no circumstances may the client upload the Commission artwork in NFT blockchain.9. The Client may display the Commission in Profiles as long as the Artist’s name (“Cylfa”) or a link to https://twitter.com/Cylfa_Art10. a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.10. b. Under no circumstances may the Client submit a Commission to any kind of contest.11. Digital art Commissions will be provided to the Client via Google Drive Link in .png format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist.12. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.13. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 15 will be applied as necessary.14. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.15. The Artist has the right to pursue damages under the Copyright Law of the United States should there exist a violation in addition to a breach of these Terms of Service.16. Specifications for Commission (refer Term 3, Term 5, Term 6 and Term 7 for guidance) are required from the Client to proceed with the Commission.17. The Artist requires all payment upfront before Start of Work 17.a , unless otherwise agreed upon in the Commission Agreement.17. a.The Artist’s preferred method of payment is via PayPal Services, and addressed to [email protected]18. Cancellation of any Commission, please refer to Term 14 for refund policy

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