BY PURCHASING ANY ARTWORK FROM ME, YOU ARE STATING
THAT YOU HAVE READ AND AGREE TO THE FOLLOWING CONDITIONS.I WILL WORK UNDER THE ASSUMPTION
THAT YOU HAVE READ MY T.O.S.

I obtain the right to cancel a commission and not refund any payment made in the event of a violation to my terms of service.I reserve the rights to modify, alter, and recolor stickers/sticker sketches done previously on new sticker commissions.

My artwork and commissions, no matter what, CAN NOT be used as NFTs or for ANY AI purposes.

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, inappropriate behavior, an inability to effectively communicate in the English language, or a breach of the Terms of Service.

3. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.

4. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law.

5. 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 and displays (e.g. Social Media, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to any new Terms of Service agreed upon in a Commission Agreement prior to Start of Work.

6. 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 cost or extend the schedule, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

7. The Client may not distribute, reproduce, or otherwise profit from the Commission.

7a. The Client may not edit, alter, or trace the Commission, or license or sell the Commission in any way as an non-fungible token (NFT), without the Artist’s written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

7b. The Client may not use the Commission for any purpose related to Ai. This includes “training” the program or supporting it publicly.

8. The Client may display the Commission in Social Media as long as the Artist’s name (“Opellac”) is prominently displayed along with a link to www.opellac.com. Additionally, any Social Media display of the Artist’s Commission must notify or "tag" the Artist, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Social Media displays cannot breach Term 8, Term 8a, or Term 12.

8a. 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 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.

9. Under no circumstances may the Client submit a Commission to any kind of contest.

10. Digital art Commissions will be provided to the Client via email or an online download location agreed to by all parties in jpg/.jpeg or .png format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or after Commission Agreement Termination, the Client obtains written permission from the Artist. 

10a. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of an art Commission); the Client is responsible for all shipment costs.

11. The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. It is not permitted for the Client to print the Commission locally. Any physical merchandise of the commission must be directly from the Artist.

12. If the Commission will be used for a Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission requires new Terms of Service developed on a case-by-case basis and agreed to by all parties in the Commission Agreement before the Start of Work.

13. The Client may request work-in-progress images of the Commission at any time during the creation process, but may not request major changes to the Commission after the sketch has been approved.

15a. Alternatively, if change(s) are absolutely required after Start of Work, a Substituted Contract that includes, but is not limited to, definition of the required change(s), associated fees, adjusted schedule, and new contract total - agreed to by all parties - will be developed.

14. 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 16 will be applied as necessary.

15. Refunds may only be issued if the Client notifies the Artist prior to Client execution (signature) of the Commission Agreement. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any Terms of Service are breached.

15a. The Artist has the right to revoke access to, and Stop Work of, the Commission at any time after Start of Work per Term 2.

15b. The Client reserves the right to issue a Stop Work order at any time during Commission Agreement negotiation, or after Start of Work if not in violation of Term 15 or Term 15a, but is not subject to receive a refund from the Artist after the executed Commission Agreement. Additionally, any work on the Commission by the Artist prior to receipt of the Stop Work order, if issued by the Client after Start of Work, will be invoiced to the Client before Commission Agreement termination.

16. The Artist has the right to pursue damages under United States Copyright Law, should there exist a copyright violation in addition to a breach of these Terms of Service.

client contact information

Email Address (Required): Contact the Artist via the contact form on the Commission page; your email address is required.

Phone Number (as Needed): The Artist will not call or text the Client except by Client request or as agreed to in the Commission Agreement, or if there is a conflict in schedule, payment, or a breach in the Terms of Service.

Other Forms of Communication (Optional): The Client may request different forms of communication (e.g., phone texts, Instagram, Twitter, Discord, etc.) to discuss a project. However, the Artist must have the Client’s email address to enter into a Commission Agreement.

Physical Address (as Needed): The Artist requests the Client’s address if the Artist is shipping a Commission or a digital art print.

Age (as Needed): If the Client is under 18, the Artist recommends the Client supply contact information for a parent or guardian.

Specifications for Commission (Required): Please refer to the Commission page and Terms of Service above for guidance.

payment

Minimum Payment: The Artist requires a minimum payment up-front before Start of Work, unless otherwise agreed upon in the Commission Agreement. This up-front cost will be disclosed in the Commission Agreement. The Commission Agreement will be 50% of the total commission cost. The rest of payment is due upon receiving the final water marked sample. To receive the high quality unwatermarked file the remaining payment must be received by the Artist.

Currency: All prices are expressed in U.S. dollars (USD); foreign currency must be converted during the payment process. The Client is responsible for providing the correct amount, equal to the USD amount due. Please visit XE.com for accurate currency conversions.

PayPal Method: For Clients with PayPal: You can make a direct PayPal transfer to the Artist.

Cancellation: Please refer to Term 15, Term 15a and Term 15b for refund policy and payments due.