This version of the Terms of Service is provided for reference to those who commissioned artwork prior to June 30, 2024, and applies only to commissioned artwork created on or before that date.
TERMS OF SERVICE (updated 2022-09-13)
In these terms of service, “Client” refers to a person who commissions Meg James (“Artist”) for a piece of artwork, in relation with that specific piece of artwork.
1. USE OF COMMISSIONED ARTWORK
All artworks produced under these terms of service are intended for personal, non-commercial use by the Client. All artworks produced under these terms of service are subject to a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 license (CC BY-NC-ND 4.0)
Use of any commissioned artwork by any person(s) other than the Client is not explicitly permitted by nor endorsed by the Artist.
Use of any artwork, commissioned or otherwise, for any purpose related to blockchain technology, cryptocurrency, non-fungible tokens, or any related or similar technology that may arise in the future, is strictly prohibited.
(2022-09-13) Use of any artwork, commissioned or otherwise, to train artificial intelligence programs, or to produce artificial intelligence (AI) art, or to otherwise assist in the creation of artificial intelligence (AI) art, is strictly prohibited.
1.1. USE OF COMMISSIONED ARTWORK BY THE ARTIST
The Artist retains all rights to a commissioned artwork. (NOTE: Any individual whose original character is portrayed in a commissioned artwork, however, retains all rights to their respective original character.)
The Artist retains the right to display a commissioned artwork (online or in meatspace).
The Artist retains the right to produce printed products and other merchandise from a commissioned artwork, and to use a commissioned artwork for promotional purposes.
The Artist retains the right to alter a commissioned artwork as deemed necessary for display purposes or for print/merchandise purposes.
The Artist retains all rights to work products related to a commissioned artwork, including (but not limited to) unused compositions, sketches, backgrounds, designs, etc. The Artist retains the right to reuse such work products in future personal, commercial, or commissioned artwork.
(2022-09-13) The Artist retains the right to display in-progress or unfinished versions of commissioned artwork.
1.2. USE OF COMMISSIONED ARTWORK BY THE CLIENT
The Client may use their commissioned artwork for any personal, non-commercial purpose. This includes printing, displaying (online or in meatspace), and modifying the size or dimensions of the artwork (e.g., cropping) for non-commercial purposes.
The Client may NOT use their commissioned artwork for hateful, defamatory, illegal, or otherwise offensive purposes.
The Client may NOT use their commissioned artwork for commercial purposes, including (but not limited to) for promotional materials for a business, sale of printed products, sale of digital files, and/or modification of artwork for the purpose of reselling or “recycling” the artwork for profit (e.g., repurposing the artwork as a “base” or “template”).
The Client may NOT use their commissioned artwork for any purpose related to blockchain technology, cryptocurrency, non-fungible tokens, or any related or similar technology that may arise in the future.
2. COMMUNICATION
Communication related to a commission request or commissioned artwork will be conducted via email for record-keeping purposes.
The Client is responsible for their own “junk mail folder” and what ends up in it. Please whitelist commissions@meg-james.com to avoid delays in communication.
For commissioned artworks in progress, the Artist will typically respond to emails within 24 hours. If the Artist has not responded to the Client’s email within 3 days (excluding anticipated delays, see below), please re-send the email.
The Artist may not be able to reply to emails on holidays, scheduled event days (e.g., during conventions), or during emergencies. If such events are anticipated, this will be communicated to the Client ahead of time.
3. PRICES
All prices shown on the “Pricing Guide” are starting prices. Prices are determined on a case-by-case basis per commissioned artwork. The price may increase based on a number of factors, including (but not limited to) he following:
- Detailed or unusual requests
- Complex or large characters
- Unclear references or direction
- Use of written descriptions instead of image references
- Request of features not included in the Pricing Guide (e.g., a background on a Full Body artwork)
- Significant changes that contradict work that is already considered complete (e.g., requesting a change in pose or composition after approving a sketch)
All prices and quotes provided are in United States Dollars (USD).
(2022-09-13) PayPal and Stripe are the only accepted payment methods at this time.
(2022-09-13) Payment for a commissioned artwork will only be accepted through the corresponding invoice sent via PayPal or Stripe. Any payment made by the Client that is not paid through the appropriate invoice will be kept as a tip.
At this time, full payment is required up front before the Artist will begin work on a commissioned artwork.
4. TURNAROUND TIME
All turnaround times shown on the “Pricing Guide” are estimates based on favorable circumstances. Turnaround times are determined on a case-by-case basis per commissioned artwork. The estimated turnaround time may change during the process of a commissioned artwork based on a number of factors, including (but not limited to) the following:
- Speed of communication from the Client
- Quantity and nature of revisions requested by the Client
- Unforeseen circumstances that affect the artistic process
The Artist will not be held responsible for delays caused by slow or poor communication, or a lack of communication. In the case of unforeseen circumstances affecting the artistic process (e.g. the Artist having technical or health problems), any delay will be communicated to the Client as soon as possible. If the delay is deemed unacceptable by the Client, a partial refund (based on the level of completion of the commissioned artwork) may be offered to the Client.
5. PROCESS
Many types of commissioned artwork are completed in stages, with certain stages being presented to the Client for edits or corrections. For commission types that include edits, they are usually done at the following stages:
- Sketch: At this stage, the composition and pose can be changed. Broad details, such as character size and shape, can be corrected.
- Rough Lines: At this stage, specific details, such as a character’s features or expression, can be changed. Objects can be repositioned and resized to some degree.
- Final (Review): At this stage, errors in a character’s coloration can be corrected. Minor edits can be made to shading/lighting features such as atmosphere, rim light, or special effects.
Certain types of commissioned artwork are not subject to mid-process edits or corrections, including Clean Sketch and Icon types. For these commission types, the only edits available at the Final (Review) stage are changes in color.
Additional fees may be charged for edits that are extreme or extensive, or for edits that are requested outside of the expected stage.
The Client may withdraw a commission request for any reason without consequence, if the associated invoice has not been paid. The associated invoice will be canceled.
The Client may change a commission request. If the associated invoice has not been paid, it will be canceled. If the associated invoice has already been paid, but the work has not been started, a refund will be issued. If the associated invoice has already been paid, and the work has been started, only a partial refund may be issued. In all cases, a new invoice will be sent to reflect the changes in the commission request.
The Client may cancel a commissioned artwork after the associated invoice has been paid, but it may be subject to only a partial refund based upon the level of completion at the time of cancellation. If the commissioned artwork has already been completed, no refund will be possible.
The Artist may decline a commission request for any reason, with or without explanation.
The Artist may cancel a commissioned artwork at any time for any reason, with or without explanation. If the invoice for such a commissioned artwork has already been paid, it will be subject to a full refund.
6. CONTENT
Regardless of content, there is no guarantee that the Artist will accept any given commission request.
The Artist will typically draw the following:
- Humanoids, anthros/furries
- Animals, dragons, monsters
- Any genders
- Any body types
- Any age, in an age-appropriate context
- Original characters
(2022-09-13) The Artist will NOT draw the following:
- Pornographic content
- Nudity or genitals
- Blood, gore, or body fluids
- Fetishes or fetishized content
- Likenesses of real people
- Hateful/offensive content
- Licensed, trademarked, or commercial characters (i.e., ‘fan art’)
(2022-09-13) If the Client has questions about acceptable content or is unsure of whether the Artist will meet a given request, the matter can be discussed via email.
7. CHANGES TO THESE TERMS OF SERVICE
The Artist reserves the right to edit these terms of service at any time, for any reason, without notice.
8. ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF SERVICE
The Client is expected to read, understand, and agree to these terms of service prior to entering into an agreement with the Artist.
The Client may contact the Artist, prior to requesting a commission, to ask clarifying questions about these terms of service.
By paying an invoice for a commissioned artwork from this Artist, the Client confirms that they are at least 18 years of age, able to legally enter into an agreement with the Artist, and that they understand and agree to these terms of service.