Terms of Service

The following is James Eden’s Terms of Service for non-commercial items.  Commercial items are subject to different rates and require a contract.  For commercial inquiries, please email jamesalesto@gmail.com.

Contact

I can be reached via FA note at JamesAlesto, or via email at jamesalesto@gmail.com.  Discord or messaging services are offered at my discretion, but the original agreement/ prompt must be delivered via note or email.

I will respond to all messages within 24 hours.

As the Artist

  1. I retain all rights to my work, regardless of any characters depicted.
  2. Clients may not use the art for profit, including for use as downloadable character packs, or character Patreons.
  3. Clients may not use my art in AI generation.
  4. I will file a DMCA without notice against violations of my copyright.
  5. I exercise my moral right to my work.
  6. A client may not pay or barter with another artist to edit my work.
  7. A client may color their art for personal practice, but they must clearly indicate what was edited by them.
  8. I decline to remove art from my gallery or keep art private for any reason.
  9. Clients are welcome to request an item be held back from posting for a special occasion (birthday, anniversary, ect.)
  10. If a client is adamant a piece is pulled, they will have to buy out my rights for 500% of the original commission cost.
  11. I reserve the right to decline or cancel a commission at any time without explanation.  (See refund policy.)
  12. I will not make prints of your art, but I will upload the full resolution to my Patreon at my discretion.

As the Client

  1. Clients retain all rights to their characters.  I do not claim ownership.
  2. If art is reposted by a third party, a client may file a DMCA on my behalf if their character is depicted.
  3. If a website refuses to honor this, please contact me, and I’ll file on your behalf.
  4. Clients may cancel a commission for any reason without explanation.  (See refund policy.)
  5. The finished commission is welcome to be reposted anywhere the client wishes so long as proper credit is given to me.
  6. Full resolution, unaltered copies of files are for private use only.  Clients may not upload these files to sites that could be scraped to be utilized in AI training sets.

Payments

All payments are due in USD via the payment method given on the live posting.

If a payment plan is available, it will be offered on the commission posting.

Refund Policy

If I cancel: 

A full refund will be given, and the client loses all rights to the work.  I may resell the art for a YCH.

If the client cancels:​ 

Refunds will be issued for “work not done”, rounded down if applicable. 

For smaller commissions such as sketches, this will be by percentage of completion. 

For larger commissions that are done in stages, the refund will be issued to the last completed stage.  For instance, if I am working on linework on a comic page, but have not completed it, the client will be issued a refund for everything but the sketch phase.

If I have not started, then you will be given a full refund.

Status of client work is documented in my queue.  Keeping the queue up to date is my job, and I will not hold a client to progress that I didn’t fill in.

Abandonment

Slot abandonment:  Upon reservation of a slot, a client has 72 hours to deliver their prompt and send payment.  If they do not do so in this time frame, then their slot is considered abandoned.  Clients who do this multiple times face being blacklisted.

Clients who do not respond when necessary during a transaction after three weeks will have their project marked as “abandoned”.  I will attempt to contact you three (3) more times over the next three (3) months. If I receive no reply, the client will receive a refund for work not done.