Terms of Service
Acceptance of Terms and Conditions
By checking the “I have read and agree to Noelle M. Brooks’ Terms of Service.” checkbox on Noelle M. Brooks’ website or by sending payment, the client acknowledges and accepts without limitation or qualification these terms and conditions. Noelle M. Brooks may revise these terms at any time, which revisions shall bind the client. Any revisions made will not affect clients whom accepted previous terms and conditions. All questions about the terms and conditions should be addressed directly to the artist at email@example.com before acceptance. If a client does not wish to be bound by these terms and conditions, such party should not request a commission from Noelle M. Brooks.
All Content is Protected By Copyright Laws
All content created by Noelle M. Brooks’, is owned by the artist, Noelle M. Brooks, and is protected by copyright laws. The artist retains all rights it may hold, including copyright, in data, image, text, and any other information contained. Copyrights and other proprietary rights in the material may also subsist in individuals and entities other than, and in addition to, the artist. The artist expressly prohibits the copying of any protected materials, except for the purposes of fair use as defined in copyright laws.
The artist retains all copyrights over all commissioned artwork, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The client retains all rights to any respective characters, but this does not allow the client rights to the commissioned artwork.
Commercial Use is Restricted
The artist will provide the client with two versions of the commission upon completion:
- “Private Version”: The physical, original, traditional media artwork, or a full-sized, high-resolution digital copy of the artwork without the artist’s watermark.
- “Public Version”: A smaller, lower-resolution digital copy of the artwork with the artist’s watermark.
Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending, or storage in any retrieval system of the materials for any purpose other than fair use as defined by law is prohibited without the consent of the artist. The client may not commercially distribute commissioned artwork, but can create prints of the artwork for personal use, such as for private display.
The client may upload the “Public Version” of the commissioned artwork to a personal website or gallery, but credit to the artist must be publicly displayed with the artwork and the artist’s signature and logo/website watermark must remain visible and readable on the artwork. Removal of any digital watermark, proprietary notices, or accompanying text that may be included on or with the image is prohibited. The “Private Version” of a commissioned artwork must not be uploaded in any format or posted publicly in any way.
The client may resize or crop the artwork to create digital icons, wallpapers, or other graphics to be used in non-commercial digital format, but the client cannot alter the artwork itself. The client may not modify any of the content and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or content created by the artist. The Client may not profit from the artwork beyond the resale of a physical, original, traditional media artwork. This includes the sale of digital files or rights to the image. Image rights can be negotiated for an additional fee of 200% the commission’s price.
Certain Subject Matters are Refused
The artist reserves the right to reject any commission request or refuse service to a client for any reason without explanation.
The artist refuses to work with the following subject matters:
- Licensed Characters without permission from the original copyright-holder
- Anthropomorphic/Anthro animals
- Extreme violence/gore
- Illegal activities
- Hate/Offense/Discrimination, etc.
Clients are Responsible for Clear Communication
The client will not discuss a commission with a client in a public format. All communication regarding commissions should be addressed to the artist through email at firstname.lastname@example.org. The artist is responsible for responding to client communication within three business-days and expects clients to uphold the same responsibility.
If a client does not respond to communication from the artist for at least one month’s time, the client forfeits the commissioned artwork. If shipped artwork is returned to the artist and the client does not respond to communication from the artist in one month’s time, the client forfeits the artwork. The artist retains all copyrights over all commissioned work, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The artist may complete or not complete the work, use the work for another client, or sell the work.
Clear and concise visual references and a description of the commission details must be provided by the client in order for the artist to provide an accurate estimate. Visual references of characters must be up-to-date. It is the client’s responsibility to utilize proper English in order to ensure communication with the artist. The artist is not responsible for mistakes due to miscommunication on the client’s side.
Payment Must be Received Before Work Begins
Prices are subject to change on an individual basis according to the specifications of each individual piece. Clear visual references and a complete description of the commission details must be provided by the client to provide an accurate estimate from the artist.
After the artist and client agree on an hourly rate, a living Invoice will be issued to the client charging for an estimate of the work to be completed. Work will begin once a payment has been received from the client. If work is completed in less time estimated, the Invoice will be adjusted and the client will receive a refund for the overestimation. If work is not completed in the time estimated, the Invoice will be adjusted and the client will be required to make another payment before work continues.
In the case of payment through PayPal, the artist will cover all possible fees required by PayPal. Incoming payments will not be accepted by the artist on PayPal. Instead, the client will be required to submit a valid PayPal-accepted email address to the artist that will be used to issue an invoice.
Cancellation Does not Guarantee a Full Refund
The artist reserves the rights to reject a commission, refuse service to a client, and cancel a commission at any time. Upon cancellation of a commission by the artist, the client will be refunded all payments previously paid to the artist.
The client reserves the right to cancel a commission at any time. Upon cancellation of a commission by the client, the client will be refunded any payments previously paid to the artist for hours that were not expended by the artist. Any materials purchased by the artist for the commission will be forfeited to the artist and payments for such materials will not be refunded to the client. All fees required by PayPal are non-refundable.
Upon cancellation of a commission by the client, the artist will retain all copyrights over all commissioned artwork, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The artist retains the right to use any cancelled work for other commissions or personal works.
Videos are not Guaranteed, but Permitted
The artist retains all copyrights over all commissioned artwork, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The artist is permitted to livestream videos of the progress of commissioned artwork or create time-lapse or other videos of a commissioned artwork, but is not required to do so. The client is permitted to restrict the artist’s rights to livestream the progress of commissioned work or require the artist to livestream the progress of commissioned work or create time-lapse or other videos of a commissioned work for an additional fee.
- Required Livestream: 25% of the commission’s price will be required as an additional fee.
- Restricted Livestream: 50% of the commission’s price will be required as an additional fee.
- Required Time-Lapse Video: 50% of the commission’s price will be required as an additional fee.
The Artist will be Bound By a Deadline
Upon delivering a quote to the client, the artist will also deliver a deadline in which the artwork can be completed. The artist will be bound by this deadline. At any time the artist communicates with the client, such as to ask for more information or to show a sketch before proceeding, the deadline will be extended the number of days it takes the client to respond to the artist. If the provided deadline passes and the client does not receive a digital copy of the completed artwork due to artist error, the client may request a refund of 5% of payments paid to the artist for each day past the deadline.
Clients are permitted to set their own deadlines as stated in these Terms and Conditions. The artist reserves the right to reject a deadline set by a client.
- If a deadline is set by a client and agreed upon by the artist before work on the commission has begun, 50% of the commission’s price will be required as an additional “rush” fee.
- If a deadline is set by a client and agreed upon by the artist after work on the commission has begun, 100% of the commission’s price will be required as an additional “rush” fee.
The artist is not required to share her work schedule with clients. Artwork, including personal and commissioned artwork, will be completed as the artist sees fit and will not be completed in any particular order.