SUN ✦ FASUNATE

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ART & RIG — LIVE2D VTUBER MODELS

RIG ONLY — LIVE2D VTUBER MODELS

CHIBI

ADULT CONTENT. YOU HAVE BEEN WARNED.

illustrations

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By reading this, you agree to all terms. By commissioning me, all clients agree to all terms. I reserve all rights to decline service if there is failure to comply.I. The Artist
⬩ I, Sun Han (fasunate) reserve all rights to my personal artwork and to any commissioned artwork. The artwork may be subjected to being uploaded to my social media, website, portfolio, or used for commission advertisements.
⬩ I will refuse service if asked to draw anything offensive or discriminatory.
⬩ I will refuse service if the client is unprofessional, or does not comply with my terms of service.
⬩ I do NOT condone any use of my artwork - whether personal or commissioned - to be reposted or redistributed without my permission and/or edited without my permission. I do NOT condone tracing over my artwork. I do NOT condone my artwork to be uploaded to AI art generators, used for the training of AI, or used as any NFT and anything crypto related. All are strictly forbidden.
⬩ I strictly forbid my artwork to be resold in any manner without my permission. This means there will be no digital redistribution and no physical redistribution, which includes but is not limited to, prints or merchandise. If you wish to use my artwork as part of your merchandise, you must first purchase a commercial license.II. The Client
⬩ All clients who have commissioned and/or received work before this ToS has gone into effect are still bound to its contents.
⬩ By placing an order, you agree to these terms and conditions. Please read these terms carefully.
⬩ Redistribution of my work through the use of NFT, crypto, block chain, and anything related is forbidden.
⬩ Using my artwork to train AI, running my artwork through any AI generator, and anything related is forbidden.
⬩ The client is expected to respond in a prompt manner when contacted.
⬩ The client may request to see commission progress.
⬩ The client must not harass for seeing said progress.
⬩ The client may not upload or host my work in any gallery that is intended for their own work.
⬩ The client may not claim my work as their own.
⬩ The client shall only use the artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
⬩ The client may print or create an otherwise physical reproduction of the artwork for personal use only (ie. NOT for sale).
⬩ The client may not use the artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.
⬩ The client may not edit the commissioned artwork and must ask for permission first.
⬩ The client may not trace over any of my artwork.
⬩ The client may upload the commissioned piece to their social media, but must give credit and upload the provided watermarked version.
⬩ The client is not permitted to use or redistribute the commissioned artwork for commercial intent. A purchase for commercial use must be discussed first and will be charged +100% or more on increase of base price.III. Copyright
⬩ I reserve the right to sign and/or watermark my own work. I will send you a full resolution image upon completion, but my signature will and must remain on both the full resolution and watermarked version of the artwork.
⬩ I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless. Proper copyright for ownership of the character is given to its owner and/or designer.
⬩ 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, the client will retain the rights to the character design. I will not reuse/resell the rights to the design once ownership is transferred to the client.
⬩ The client is then responsible for protecting ownership over 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 on external sites.IV. Ordering
⬩ The client is expected to fill out the order form from my website.
⬩ The client, if chosen, will then get a reply from me discussing the details as well as to confirm your slot and payment.
⬩ 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 complex in detail, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and the client holds the right to make changes to the commission request (eg. change the character, agree to simplified design changes) before the transaction is complete.
⬩ The client is expected to be concise with their desired request.
⬩ All communications must be done in English.
⬩ Before taking part in any transaction, the client is required to wait for a reply in order to discuss the details.
⬩ Once everything is processed and confirmed, I will send the client an invoice. The client must confirm and complete the payment before I begin the artwork.
⬩ The client is expected to understand that their order may not be done immediately upon completion of the transaction. The waiting time may be anywhere from a week to two or more months, the latter is only especially the case when other commissions are in queue and require their own time.V. Payment
⬩ I will initiate the transaction to avoid accidental transactions. The client must not send me any kind of payment until I have confirmed I can accept your commission and agreed for payment.
⬩ I am not responsible for any mistakes that are made on the client's part over the course of the transaction. Any mistake I do make will be immediately fixed and communicated.
⬩ All payments are based in USD.
⬩ All payments are only performed through a PayPal invoice. I will cover the additional PayPal fees as it is expected from the artist per PayPal's ToS. The client will see only the amount they are required to pay.
⬩ The PayPal invoice has an option of leaving a tip, however this does not mean it is mandatory. The tip is only by the client's free will.
⬩ All additional artwork detail fees will be communicated to the client. Fees upon completion and agreement of the order will have been already discussed by this point. However, more additional fees such as edits, rush, etc. will be discussed and require another invoice(s).
⬩ I do not accept payment from shared PayPal accounts. Commissions from a minor who would require parental/guardian permission and shared finances are rejected.
⬩ The client is required to pay the full price upfront.
⬩ The client is pardoned from a full upfront payment if the client is ordering a VTuber commission under the Galaxy or Supernova Package, where a 50% down payment is given as an option. The client is then required to pay the remaining 50% after project completion.
⬩ The client will not receive any progress until payment is completed.
⬩ The commission is subject to cancellation if the client fails to pay within a week. Repeated counts of commissioning a project and failing to pay will result in blacklisting.
⬩ The client is expected to be aware and responsible of their financial situation before placing an order. I am not responsible if the client somehow can no longer afford the commission after an agreement has already been made.VI. PayPal Disclaimer
⬩ Please note that all of my sales are "Digital Artwork" and it is the artwork’s "Intellectual Property" that is purchased by the client.
⬩ Nothing is ever intended by either me or the client to be physically shipped to the client.
⬩ I am not required ever to ship any item unless it was explicitly discussed.VII. Queue, Deadlines, and Rush
⬩ I may take 24~48 hours to respond to the client, if accepted, upon the initial inquiry.
⬩ The client reserves the right to set a deadline for the commission. This deadline must be disclosed and agreed prior to payment.
⬩ I have the right to decline a project if there is too short of a time allowance.
⬩ If the client did not alert me to a deadline, the client is expected to not be hasty for updates and will not harass regardless of a deadline.
⬩ If deadlines are discussed, it is also the client's responsibility to ensure prompt communication. I will not be held responsible for late delivery if no deadline was agreed.
⬩ No harassment over my queue and work speed will be tolerated, regardless of the time that has passed.
⬩ I do not work on commissions on a first-come-first-serve basis. This means I usually will work on the piece I am the most inspired/ comfortable with at the given moment. However, for commissions that have a deadline and depending on the due date, this will affect its priority greatly.
⬩ The client reserves the right to be notified of any delays.
⬩ If I deem fit, I will charge a rush fee. This will be at least +25% increase of the commission. Fees might vary depending on the project and the timeframe provided.VIII. Revisions and Feedback
⬩ The client is allowed to request a revision on the commissioned artwork upon each update.
⬩ The client will be required to pay a fee if major revisions are asked.
⬩ The client will pay any revision fees after the client reviews and approves the changes made, which will be done by a PayPal invoice initiated by me.
⬩ I will send a WIP (work in progress) image after 100% of the payment is completed. These images will come in the form of .jpg or .png file(s) as an attachment in an email or a DM (direct message).
⬩ The responsibility is on the client to ensure the 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, lineart, and base coloring, but the client may request an update 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.
⬩ When a WIP is sent to the client, I ask that the client must provide feedback to me.
⬩ Changes will only be made at the sketch and lineart stage. Color corrections will be made at the base color stage.
⬩ Any changes to the character or subject will be subjected to a fee, and the fee will depend on the nature of the requested edit.
⬩ I will not be held responsible for any changes in ownership of the said character. That is solely on the client's part.
⬩ After the order is completed, minor changes such as color adjustments, or adding significant character features (eg. any scars, tattoos, marks, etc.) are allowed if the missing or inaccurate elements are solely on my error (e.g., I overlooked details provided in the order or in feedback).
⬩ In the absence of feedback from the client, any changes to the final piece will be subject to a fee.
⬩ I will not redraw a completed commission. A redraw will require payment as a second commission order from the client.IX. Final Product
⬩ While I do my best to ensure equal quality and effort, there may be slight differences between the samples in my gallery and the illustration the client receives due to stylistic changes/improvement.
⬩ The client must respect that my artistic style cannot be altered in the progress.
⬩ I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.
⬩ The client is required to credit me, the artist, when shared or used on platforms.
⬩ The client is responsible for saving any information, images, and other digital data I provide.
⬩ Any file the client paid for will be available from me for a finite time. I take measures to preserve most files, however I cannot guarantee against computer failure or accidental deletion or loss.
⬩ I am not required to post the client's 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 paid for, as the client should have and keep their 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.X. Refunds
⬩ The client will receive a full refund if I cannot complete the piece for any reason.
⬩ If requested by the client, the client may receive a full refund if asked before the first progress update. Refunds will not be given after this point.
⬩ Requesting for a refund after the artwork has been completed will result in the client being blacklisted from any future business.XI. Chargebacks
⬩ The client is NOT authorized to issue a chargeback for any reason.
⬩ If for any reason the client's PayPal account malfunctions or authorizes a refund request without the client's knowledge, the client must contact me as soon as possible in order to resolve the issue.
⬩ The client is required to contact me when the client needs to cancel a commission request.
⬩ Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting.XII. Commercial Use Agreement
⬩ The client may request a commission for commercial use. The total price of the commission will be increased by +100% minimum of the base price including any other fees. This will be discussed agreed upfront.
⬩ The minimum price increase is +100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.
⬩ The following cases are considered commercial use: reproducing and selling the artwork (eg. merchandise) publicly or privately; and cases where you receive profit from a medium/platform where you have used my artwork (eg. Patreon, YouTube, Twitch, a personal site, business cards, etc).XIII. Privacy Agreement
⬩ If the client wishes for the commission to be private, it must be stated during the ordering process.
⬩ 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. This also means that the client must refrain from sharing any information themselves.
⬩ The request will still be listed in my queue written as "Anon" and the style ordered, solely for the sake of my own organization and reminder. No other details will be disclosed as promised.
⬩ If a privacy agreement is in place, no work will be shown publicly on my platforms, however they will be shared behind a paywall (eg. Ko-fi or Patreon) to avoid content drought as a freelancer.

XIV. VTuber Agreement
⬩ The following is only specific to my VTuber commissions. Clients are still expected to follow my terms of service above regardless.
⬩ By commissioning a VTuber model by me, the client automatically purchases a commercial license from me. In specifically my terms, this means that the client is allowed to use the model for streaming services such as Twitch, YouTube, etc. and earn monetary gain through it, and may commission other artwork such as emotes and illustrations or merch of the design to enhance their platform. However, the client is forbidden from reselling the design and/or model.
⬩ Before contacting me, if the client's VTuber design was concepted by another artist, it is expected that the client has already been granted permission and/or a commercial license by the original artist. This will vary case by case, please ask the artist.
⬩ The client must give credit to me on their social media and streaming platforms.
⬩ I continue to have the right to showcase my VTuber designs and/or models for portfolio use.
⬩ The client is responsible for ordering a VTuber package in a reasonable amount of time prior to their debut date in order to allow a safe buffer time for both my work, my needs, and the client's needs.
⬩ The client may be pardoned from a full upfront payment if the client is ordering a VTuber commission under the Galaxy or Supernova Package, where a 50% down payment is given as an option. The client is then required to pay the remaining 50% after project completion.
⬩ The client must not ask for the model or rig to be emulated in the style of somebody else's work.
⬩ The client is responsible for a privacy request should it be preferred that WIPs are kept in secret until the client's debut. As stated in the Privacy Agreement above, the client is also responsible to refrain from sharing the progress I give to them.
⬩ I have the right to create a Live2D showcase after project completion. The client is allowed to coordinate with me a date to publicize the showcase before or after debut.

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