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, JamesEden on Discord, or via email at jamesalesto@gmail.com.

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 or website 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 along with the terms.

Refund Policy

If I cancel: 

  1. If I have taken pre-payment for work, I will issue a refund.
  2. For Pay Upon Completion, you will not owe me anything.
  3. I will reuse the sketch or other items made during this time at my discretion. You have no rights to the work.

    If the client cancels:​ 

    1. If I have not started, then you may cancel without issue.
    2. If I have started, but have not documented progress either to you or via my trello, then you will not owe anything. It is my responsibility to maintain updates.
    3. For Pay Upon Completion where I have shown you progress and/or maintained my Trello, you will owe for the amount of work already completed rounded down. Failure to pay will result in a post on ArtistsBeware.info.
    4. If the project has been canceled with no money changing hands, all work I have completed will be reused by me.

    Abandonment

    Slot abandonment:  Upon reservation of a slot, a client has 72 hours to deliver their prompt.  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 if applicable.