Mercurium's
Mercurial
Makings

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• TOS

• Home
• Wills and Nots
• TOS

TOS1) These Terms of Service are for NONCOMMERCIAL projects and are only subject to revising, editing, and additions by the Artist without notice. However any changes will NOT affect any priory completed commission projects. Any current projects will have the buyer notified of changes, but may not directly affect any current agreement unless there is a critical change.2) I (the artist) will attempt to deliver the final product in a timely and professional manner. But as 3D work is complex and a technical form of art unforeseen problems may arise. In any such case the artist will communicate with the client any concerns that may effect the previous established deadline. If you (the client) feel as though a progress update is required contact me at [email protected] or via Vgen. Harassment will not be tolerated and may result in termination of the commission with the appropriate refund value (see 10, 11, 12)2-1) A digital painting commission usually takes up to 14 days from start to finish depending on complexity)2-2) A full 3D model from start to finish (sketching/sculpting -> modeling/retopology -> UVmaps -> textures -> materials -> rigging -> controls/drivers/shapekeys -> posing -> stage/enviroment -> posing/animation -> rendering -> cleanup) can take up 120+ days (4 months or more) depending on detail and complexity.3) By commissioning the artist you agree that you are of 18 years of age or older.4) Displayed base prices will be subject to change based on complexity, difficulty, size and medium of each individual piece.5) Clear visual references must be provided by the client. 3D work is almost impossible to get right just on a little character description so reference sheets are needed, sorry.6) Wing it commissions require a reference but the overall idea of the piece is up to the artist (me). The artist will provide updates of how the piece looks so the client can point out areas of adjustment as needed.7) Standard commissions the client will have to provide a clear idea of what they want the artist to depict, Artist will try to clarify unclear ideas, but anything left unclear will be up to the Artists interpretation.8) All payments must be processed through Vgen via the site's TOS9) If the artwork is finished before final payments are made, the client will not receive the original paint/drawing or un-watermarked digital image, or obj/blender file of the commission until final payments are made.10) If the client wishes to cancel their commission during the sketch, sculpt, modeling, stages they will be refunded 75% of what they paid11)If the client wishes to cancel their commission during the materials, texturing or retopology stages they will be refunded 50% of what they paid12) If the client wishes to cancel their commission during or after the rigging/animation stages they will not be issued a refund13) The artist reserves the right to issue a refund and cancel a commission due to poor communication, rude or inappropriate behavior, subject matter, or inability to communicate in effective English14) The artist will not discuss a commission with a client via public forums. Communication about commissions about commissions between client and Artist will be made through Email ([email protected]) or a Vgen to ensure all information and communications are consolidated in one location15) The Artist ensures the client will receive email/DM updates on commission when necessary. Clients are encouraged to check in when they feel it's necessary for updates, assurance or reminders.16) The artist will not handle depictions of illegal activities, materials and hateful images.17) Non-explicit fetish, artistic nudity, violence, gore, and humorously offensive work will be considered on a case-by-case basis. The Artist reserves the right to reject any commission for any reason.18) The client retains all rights to their respective character. This does not allow them sole rights to the commissioned image(s) or products (see 19 - 29).19) The Artist retains the right to display all commissioned work on any personal website, gallery, advertisement or journal. If the commissioned work is a time-sensitive gift the artist may delay public showcase at the request of the client.20) The Artist retains ALL the rights to the commissioned artwork, including the right to make prints, merchandise, character blanks, generic bases* (if applicable), retextures, and rigs (bones) from the finished model. Image rights and/or exclusive ownership can be negotiated for an added fee.21) For paintings and drawings; the Client may not profit from the artwork beyond the resale of a physical original painting or drawings, (traditional media, not digital). This includes the sale of the digital files, or rights to the image.22) For digital paintings and traditional art the client may create prints for personal use (display in their home or as gifts). Clients may also resize or crop the artwork to create icons, wallpapers, or other graphics to be used in non-commercial digital format, but the client cannot alter the artwork itself. The client may also upload the artwork to their personal website or gallery, but credit to the artist is required, and it must not be any high resolution or un-watermarked version of the artwork23) For 3D media all of rule 19 & 20 applies with the following exceptions: If the final product includes a .blend or obj file the client may re-position/re-pose/animate the 3d model, lighting, environment, or equipment. They may use the model to create pictures (renders) or animations and post them to their personal profiles. The model can be retextured (recolored) and have new objects attached to the model (clothing, armor, weapons, etc.). But may not make any alterations by adding of any age-rating altering materials (don't make a pg model x-rated by adding genitals).23-1) The client can also commission or temporally "lend" their model to other artists to design, model, texture and rig new/re-model assets for the model.23-2) The client can also commission or temporally "lend" their model to other artists for posing or animation.23-3) I work with the following programs for all general 3D projects: Zbrush, Blender, Krita, and Gimp.24) The client may sell their own renders and animations using the artist's model without permission of the artist as long as they are still credited for the creation of the model.25) The client may sell the model as a whole and relinquish any further rights to use the model for their own personal renders or animations.26) The client may sell physical copies of the model as 3D prints.27) The client may NOT sell digital copies of the model itself on digital storefronts (gumroad, turbosquid, etc.), or as an incentive for membership (patreon).28) The artist may recycle sketches, sculpts and preparatory works that were rejected by the commissioner for other commissions or personal works.29) The client may not use the commissioned or free art for any NFTs or AI.30) If sent a 3D file as part of the final product, the artist is not liable/responsible for teaching the client how to use a 3d program. Or how to set up the 3D file in a program31) Any download link used to share the file will likely have an expiration date on it. It is recommended that the client keep copies of the file just in case of accidentally saving a file in an undesirable state. It is not the artist's responsibility if the file is lost, corrupted or "unfixable". But contact the artist at MercuriumsMM[at]gmail.com for a renewed link if all hope is lost. Abusing this will not be tolerated and repeated requests will be denied.32) Upon completion and full payment the client will be provided with a high quality unwatermarked image(s) for personal use, and a watermarked image for uploading to their own profiles.32-1) Upon completion and full payment of a 3D model (animation/pose-ables) commission the client will receive a folder containing at least:
-1 .blend file.
-A subfolder: 'textures' with 1 or more image files required for texturing the model.
-A subfolder: 'renders' often containing many HQ unwatermarked and upload friendly watermarked rendered images of the finished model. 1 .mp4 watermarked file of a turntable (simple animated camera movement around the completed model) and 1 watermarked gif file of the turntable (more friendly for uploading places).
-A subfolder: 'other file types' containing at least a .obj and .fbx file for opening in 3D programs that are not blender. (Client may request other file types, but the artist may not be able to provide program specific file types like .ma (maya) .c4d (cinema 4D) etc.)32-2) Upon completion and full payment of a 3D sculpt commission the client will receive a folder containing at least:
-1 fbx and 1 obj file (generic 3D files that can be opened by most 3D software.)
-1 subfolder containing multiple image files that are the 3D model's textures.
- Artist can provide the zbrush file if requested, but zbrush is a paid software and the client isn't expected to have a copy to use.-3D images may have additional files, such as obj/fbx/blend files and file packages with all the textures files for the 3d model.33) The Client must read, understand and agree to all the above terms before entering into an agreement with the Artist. By entering an agreement with the artist for their work the client is treated as agreeing to the terms and services provided here.*Generic bases will be a blank (texture-less) or retextured and "stripped" of anything associated with the client's character version of the model to be sold as a public model. this includes but not limited to:-body details (horns, wings, feathers, fur, genitals, internal organs, etc.)-equipment (cloths, armor, weapons, gadgets/accessories, etc.)-special effects (flames, fluids, "magic effects" and so on)-Rigs and controls for things listed above and possibly more**Things like equipment may be packaged and sold as "blank" versions on their own.*** If the client's commission is for a closed species, or one unique to the client then there needs to be a negotiation for exclusive rights between the artist and client.By sending payment or entering a commission contract with the artist, the client will be considered in agreement to the above terms and any additional terms listed on any submissions in the description.