Terms of Service:

I. OVERVIEW OF ASH SOMETHING ART
AND SERVICES PROVIDED

These terms may change and update regularly. When these terms change a notice will be sent out to all users/subscribers to the site via a blog post/email newsletter update to all subscribers.

Ash Something Art, (“Ash Something Art,” “The Service”) is owned and operated by Ashton Pfeiffer operating under the pen names Ash Something, Ash Vindhler-Lokasson and Ash Strangelove (“Me,” “I”).I am an independent contractor/sole proprietor who provides for-hire art and design services (“My Services”) which are accessible at http://www.ashsomething.art (the “Site”), as well as via my various professional pages on social media platforms (“My socials”). I also offer prints and merch via Printify (“My products”) under the brand names Ash Something Art, The Ubiquitous Dr Strangelove and Hof Lokabrenna (“My brands”) which are accessible through the Site.
My Services fall under two formats. The first format provides custom made artwork on a per-project single-work basis (“Commissions”), based on my Per-Project menu pricing (which may be found at https://ashsomething.art/commission-pricing/). The second format provides custom made artwork on a bulk or multiple-project basis (“Contracts”) which may be longer-running and much more involved work.

Accessible on the site are the primary blog (“The Blog”), an about the artist page (“About Me”), a portfolio of my collected works from the last few years (“My Portfolio”), and a variety of other pages dedicated to showcasing the services I provide. All images or videos on this site (“My Art” “My Content” or “My IP”) as well as any images or videos displayed on any of the official Ash Something Art profiles/socials/channels listed at https://ashsomething.art/ash-something-online/ (“Official Channels”) are all ©Ash Something Art and reuse and redistribution is not authorized by any third-parties.

Also accessible on this site is a volunteer program where users may opt-in to provide photos of themselves with permission to be used as references in personal and commercial artworks created by me. This program is called the Volunteer Model Submission and it can be found here: https://ashsomething.art/model-release-and-submission/

The site also provides a subscription-based membership program for those who wish to subscribe and support for a monthly fee. This subscription program is called the Ash Something Art VIP Funpass which is accessible at https://ashsomething.art/vip-membership/ (“The Funpass” “VIP Funpass” “The subscription service”). Subscribers (“Funpass Members” “Members” or “Subscribers”) to the Funpass may start and stop their subscription (“Membership”) at will as they see fit. This service provides benefits such as commission credits, free entry into official Ash Something Art Raffles, discounts on commissions, and access to member-only sections of official platforms such as the Ash Something Art Discord server (Individually, “Member Perk” or collectively “Member Perks”). Specific member perks depend on the price tier Funpass Members have subscribed at and are outlined on the page linked above.
Members may manage their subscription by logging in and clicking the link on the Ash Something Art website header which says “Manage Your Funpass Membership” in the upper left. If you are not logged in, this link will instead say “VIP Funpass Member Login”

Please carefully read the following terms and conditions (“Terms”) and my Privacy Policy, which may be found at www.ashsomething.art/privacy (the “Privacy Policy”). The Terms outlined on this page, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Ash Something Art.

Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

II. GENERAL DISCLAIMERS

  • I reserve the right to refuse or discontinue a commission at any time. 
  • Disrespectful behavior will not be tolerated and your commission will be cancelled if it occurs.
  • The terms outlined here are general terms for the whole site and service, however these terms do not apply to the Contract format of the service, as each contract is individually outlined with their own specific terms and conditions.
  • The Terms regarding Ash Something Art’s rights and ownership of their art, content and IP as outlined in section VII.I. Copyright & Usage Policy are universal, including for Contract versions of the service, unless otherwise outlined in the contract.
  • Please also review this list of content which I absolutely will not draw, which also includes clarification on my boundaries as an artist, in general.

III. YOUR RIGHTS

In the process of conducting the service it may be required that you submit to Ash Something Art content to which you own and/or are the IP/Rights Holder over. This may include characters you have created, stories you’ve written (or segments of), photos of yourself or photos you have taken, and so on.

  • Ash Something Art makes no claim over the rights to this content or IP.
  • You retain your rights to the content/IP you provide.
  • You have the right to purchase (at an additional cost) the rights to any content/IP I create for you as outlined in sections VII.I. Copyright & Usage Policy and VII.III. Licensing Work From Ash Something Art
  • By submitting the content/IP to Ash Something Art, you are granting to me a license on that content/IP to store, replicate and use the content/IP to conduct the service for you.
  • This means you are giving me consent to: Download the content you submit, store it on my computer and hard drives, use the content as references, make derivative works of the content you provide, and if the content contains IP or otherwise protected material (i.e. your likeness or a character design you have created), you are granting me permission to use that protected IP in the art I make for you
  • You are also granting me permission/license to use the completed work by Ash Something Art which contains your protected IP/Likeness in my portfolio, on my website, and on my social media profiles for both personal and commercial reasons, predominantly as it pertains to marketing and advertising the services I provide – however this extends to creating and selling prints and other commercial use of the work if the final work fits the themes and guidelines I have for my print shop business. 
  • An example to clarify what this means: If you are the creator of Spider-Man and hire me to draw that character, YOU own the character, and keep all rights to it- however I own the drawing I do of that character for you. The character (Spider-Man) would be YOUR IP, but the art I drew of that character on your request is MY IP- and you are granting me the License to USE your IP (the character) in my art, and to use that art featuring your character in my portfolio, website, marketing materials, and social media profiles, without intent to claim royalties or reimbursements from me for my doing so, and without intent to undermine of circumvent my usage of the IP I have created for you in the process of conducting the service. Similarly, you own your likeness, but I own any drawings I do OF you, regardless of the fact that they contain your likeness.

III. PRICES, PAYMENT & FEES

  • For transparency, all pricing for Commission projects are listed publicly at https://ashsomething.art/commission-pricing/ and this page is updated whenever price changes are publicly announced on any platform.
  • Prices for Contract projects vary depending on the scope of the project, timeframe, and desired usage and level of the resulting work, as well as level of exclusivity desired over the resulting work. Due to these factors and the fact that the scope of the project, projected profit margins, and required rights, Contract projects also generally require profit sharing or royalty agreements to be included in them. Therefore, contracts are drafted on an individual basis dependent on the specific needs of the client. Upon request of Contract work, after discussion regarding these options, Ash Something Art will submit a proposal, and if the proposal is approved a contract will be drafted and sent to you via Docusign.
  • For general commissions a 50% deposit is required up-front, and the remainder is due on final approval of your art, but before delivery of the completed work HOWEVER:
  • When you submit your order via the website, payment is in-full up front, as this platform does not currently allow me to arrange deposit payments..
  • For commissions purchased with a discount from any source or of any type, payment in full is always required.
  • Payment for commission work is accepted directly via the website via the “Commission Me” page, however if you order a commission off-platform payment is accepted via Paypal, Cashapp, Venmo, Meta Pay (to Ash Vindhler-Lokasson), Apple Pay, Ko-Fi, or may be submitted via credit/debit card on this website at a customized link which I will provide at the time. Additionally, Cash is accepted as payment for commission clients who are local to the Southern California region if they meet in person for payment at my Home Office- address available on request.
  • Payment for Contract work is additionally accepted via Wire. Transfer or direct deposit. 
  • Checks and cryptocurrency are not accepted forms of payment.
  • Invoices via Paypal or directly emailed from Ash Something Art are available on request, as are receipts of payment for a project.
  • The exact prices for the service, add-ons and fees will be dependent upon the complexity of the commission or contract. Prices, Add-Ons and Fees may apply.

IV. CLIENT OBLIGATIONS

  • When filling out the commission form or sending descriptions of what you desire, be clear and concise, and stay on topic.
  • Treat Ash Something Art with respect and understanding.
  • No not try to lowball, underplay, gaslight, manipulate or otherwise attempt to subvert Ash Something Art’s pricing or the work that goes into the service.
  • Strictly adhere to the terms of any licenses you are granted by, or which you have purchased from, Ash Something Art.
  • Provide references, mood boards, descriptions or other requested materials needed by Ash Something Art in a timely manner to the requested location (Usually info@ashsomething.art, or a private Google Drive link only accessible by yourself and Ash Something Art, sent for you to fill with your media/references, that directly files these materials into a project database which assists Ash Something Art with keeping orders and client assets organized).
  • You must reach out and request updates if you want an update. Ash Something Art is one person and generally juggling a lot of responsibilities, so timelines may vary wildly and change without notice. While I attempt to make public updates on Discord and Social Media, these updates do not always reach everyone. However, if you are on my Waitlist I AM working towards finishing your commission, regardless if you have heard an update from me or not.

V. PROCESS & WORK SCHEDULE

  • Upon receipt of payment (Or deposit), your information and the details of your commission will be added to Ash Something Art’s Commission Queue (“The Waitlist”). Projects on the waitlist are completed in the order received EXCEPT in the event that A) When a more recent client orders Rush Delivery OR B) The waitlist is restructured to improve and increase workflow by grouping similar or easier/faster projects together- In the event that the second option occurs, all clients on the waitlist will be notified of the restructure and their new position, as well as be granted a new estimated delivery date.
  • Ash Something Art does not guarantee, nor consent to be held to, a turnaround time, deadline, or specified delivery time on any project that is not purchased with rush delivery.
    Art takes time and Ash is a single person doing the jobs of many people to operate this service. Life may get in the way, and some commissions expected to take 2 months may only take a week, while others expected to take a month may take six months. I do regret that I cannot offer a guaranteed turnaround on general commissions, as all commissions are equally important to me, and I hope to change this situation in the near future, but it is the situation as things currently stand.
  • In the event that rush delivery is purchased, your project IS guaranteed within 3 days, 7 days, or 14 days of payment, with the turnaround time being based on the rush delivery tier you ordered (as specified in the Add-Ons section of my pricing)
  • You will be notified 2-5 days before your commission is being started, to give you warning that your attention may be needed.
  • Once your commission is started it goes in stages and you will be sent multiple updates. I will send a sketch, a finished lineart, a flat color, and a Cell Shade/Rendered; You will also be sent various WIP screenshots or photos, just to show progress is happening.
  • At each stage mentioned above (Sketch, Line Art, Flat Color, and Cell Shade/Rendering) you are given an opportunity to request a revision (See Section VI. Revisions), and therefore these stages are referred to by Ash Something Art as “Revision Stages.”
  • All Revision notices, WIPs and updates will be sent to you via the online messenger app you have selected on the Commission Request form, or if you ordered a commission off-platform, on whichever messenger/app you requested the commission from (FB Messenger, Instagram, Discord, etc).
  • If you only paid a 50% deposit to get started, your sketch and subsequent in-progress shots will be sent as watermarked screenshots of the art program I’m using to draw your work, or low-res photo taken with my camera phone in the case of traditional art.
  • The final stage update of your commission (based on the detail tier you ordered) is also the Final Approval stage, as if you wish for no revisions at this point, your work is considered approved and will be delivered via email or google drive link.
  • I will always do my best to complete your commission within a timely manner, but please understand that sometimes life may get in the way and cause a delay in completing your commission.
    I will notify you as soon as possible of any issues that come up to keep you informed, and if you ever wish for updates and haven’t heard from me, PLEASE reach out for an update instead of assuming I have just vanished.

VI. REVISIONS

  • A single revision is included in the commission price at each revision stage mentioned above. For Line Art commissions, this is 2 revisions. For Cell Shaded or Fully Rendered commissions, this is 4 revisions.
  • I work on the figure and background separately, and if you order a background you will get a separate revision stage for each step of the background, on top of the figure revisions stated above: Meaning a fully rendered figure with a fully rendered background will have a total of 8 revision stages: 4 for the Figure and 4 for the background. Extra figures do not change the amount of revisions granted for the figure portion of the art, as multiple figures have to be drawn together to assure their poses work together correctly.
  • The Sketch revision stage is the ONLY revision stage at which Ash Something Art will accept a revision to “restart from scratch” or a “Major Revision” without you incurring additional fees.
    Once the sketch is approved, only minor revisions are allowed: “I’d like the line art to be thicker and more exaggerated” or “I don’t like the colors you’ve chosen for the flat colors, please use these colors instead” are considered minor revisions.
    “I decided now that you’re halfway into the Rendering stage, that I don’t actually like this pose and want you to change the pose from a standing to sitting pose for me” is NOT a minor revision, and you will be charged extra for the work at an hourly rate equal to $25 per hour that it has taken to go from the start of the sketch to the point where this major vision was requested.
  • If a minor revision is requested outside of the granted Revision Stages, the revision will be completed at an additional $25 per revision.
  • “Revision” means that at the revision stage, I will revise the work to your liking within the above parameters- NOT that you must choose one revision despite there being three things you dislike. It is acceptable to see a line art and say “These lines are too thin, the hair looks too cluttered with lines, AND you forgot to add the pattern to the pants” during the line art stage, and you will not be charged extra as long as you make these requests at the Line Art Revision Stage and NOT after I’m halfway through the rendering stage.
  • Revisions due to my own mistakes or negligence are free. For example if you state you want a character to have glasses and I forget to add these glasses all the way up the Rendering stage, this is my fault and I will make the correction regardless of how much of the work I have to undo to get there, without charging you extra.
  • The above examples are just that, examples; When it comes to revisions in the moment, then depending on the project what constitutes a major or minor revision may differ from piece to piece, and it is therefore up to my own discretion what constitutes minor and major revisions, and whether those revisions will require additional fees. You will be told up-front if a revision/request you are making will incur additional fees before I proceed, so you have the chance to accept or decline the additional fee and requested revision.

VII.I. COPYRIGHT & USAGE POLICY (Overview)

  • As per US Copyright Law, once any work required of me in the service which you have hired me to do is completed, Ash Something Art, as the artist/creator of the finished work  am considered both the Author and Owner of the work and hold sole hold the rights over any creative works/IP I have created. This means that the drawing or painting, or character design, etc that I make for you belongs to me.
  • Once the work is completed I retain this right and ownership, even over commissioned works, except as specified in the terms of a commercial license which you have purchased from me, or that has been outlined in a mutual contract that Ash Something Art has entered into.
  • Ash Something Art’s rights and ownership does not extend to any IP you have submitted which I required to complete the service, and you remain the sole owner of any and all IP which you submit while granting a license to Ash Something Art as outlined in Section III. Your Rights. This means: If you submit a description of a character for Ash Something Art to create for you, you own the description but Ash Something Art owns the visual depiction- however if you submit a visual depiction of the character created by you or owned by you, you own the description AND visual depiction, however Ash Something Art owns the drawing resulting from your purchase of the service.
  • You have the right at any point to purchase the rights to characters and IP created for you by Ash Something Art, but if you wish to claim that ownership over IP created for you by Ash, you MUST purchase a license for it. This need is circumvented in most instances by Ash Something Art including the required license for you to claim the right to said IP in the package prices for commissions- OR telling you up-front which license you will need to add to the purchase to claim the rights you desire/need.
  • Ash Something Art’s content and IP is NOT granted under a Creative Commons CC BY-NC-ND license, and Ash Something Art DOES NOT honor the terms of any Creative Commons licenses unless explicitly stated within the work itself. Ash Something Art’s art/content/IP is not published or presented online under any license that gives the general public any right or permissions to reuse the work. You may not download, reupload, transfer, store, edit, or otherwise use the content of this website or that shows Ash Something Art’s watermark or logo, for ANY reason, commercial or personal.
    • The only work which Ash Something Art has granted a CC BY-NC-ND License on is the writing “So You Want To Be A Professional Artist: A guide to selling art and commissions, and other tales – Written and compiled by: Ash Something”
    • The only exception to this rule is for works commissioned by you from Ash Something Art, which are granted the ASA-NC License, allowing you to share the work so long as you give proper credit as per the terms stated below in Section VII.III. Licensing Work From Ash Something Art
  • I retain and reserve the right to post the commissioned work on my social media, use it in my portfolio, and incorporate it into any and all marketing materials used to showcase the services offered by Ash Something Art. I will credit you as the commissioning party if you so choose- if you prefer to remain somewhat anonymous, or anonymous this credit will appear in the following formats: “Commissioned by J. Doe” “Commissioned by John D.” or “Commissioned by a client who wished to remain anonymous.”
  • If the work features any original IP which you are the creator/owner of, the credit mentioned above will also state “The character “_character name_” is © “_your name_.” If Ash Something Art designed the character for you and you have not also purchased a license granting you ownership, this credit will not be granted, as in this event Ash Something Art holds the rights to the character.
  • I retain and reserve the right to stream, record, and upload videos, photos and screenshots of the creation process of the artwork.
  • Ash Something Art claims no ownership or copyright over characters used in their art that Ash Something Art did not themselves create- All characters and IP remain the property of their respective creators and/or rights holders.
  • In the event that Ash Something Art is hired to create a character for/by you, Ash Something Art IS the Owner/Author of the character unless you have purchased a license which transfers this right/ownership to you. Commercial Use license options are outlined below, as well as in my pricing shown here: https://ashsomething.art/commission-pricing/ 
  • Upon purchase of a commission, you (and ONLY you) are granted the Non-Commercial/ASA-NC license over the work at no additional charge.
  • In the event that the price of your commission is $100 or more before Licenses, the above-mentioned ASA-NC license is upgraded to the Basic Commercial/ASA-BC License at no additional charge.
  • How you may or may not use a commissioned work once it has been completed and delivered to you is entirely dependent on what license (detailed in Section VII.III. Licensing Work from Ash Something Art) applies to your commission.

VII.II POLICY REGARDING AI AND NFT USAGE

Ash Something Art takes a hard stance against AI and NFT usage.

Ash Something Art does not use Generative AI in any of their art or at any stage of the process, including for the generation of references.
Ash Something Art does not allow usage of any of the Art/Content/IP created by Ash Something Art in any Generative AI platform/application/program or on any NFT-related platform of blockchain.
Ash Something Art has opted-out of every training dataset which allows a means to do so, and any company found to have any content/IP to which Ash Something Art is the primary rights holder in their datasets will be subject to legal action.

Exceptions to the terms outlined in this section are only granted for works on which the commissioning client has purchased the ASA-EX License (Exclusive Rights Transfer) outlined in Section VII.III Licensing Work from Ash Something Art– OR projects on which a contract transferring authorship and ownership to you has been agreed on. In these events, as per US Copyright law, this exception is required- as Exclusive licenses by their nature, waive the original creator’s own right to claim either authorship or ownership of the work, as well as their right to dictate what is or is not done with the work. However, this exception only applies to licenses granted IN PERPETUITY because once the work is uploaded into a blockchain or AI training database, it cannot be removed from that database/blockchain- meaning to use the work in this way the license you must purchase MUST be In-Perpetuity

VII.III. LICENSING WORK FROM ASH SOMETHING ART

Below are the licenses offered to clients who order the service and receive commissions.
For all commissioned work, the ASA-NC License is granted to the client who ordered the commission at no additional charge.
For commissions whose total price is $100 or more, this ASA-NC License is instead upgraded to the ASA-BC License at no additional charge.
Neither the ASA-NC or the ASA-BC license grants you authorship or ownership over the work, they solely grant you permission to use the work in the ways specified.

The terms of the licenses outlined here apply PER PROJECT to SINGLE ARTWORKS which you have purchased. Purchase of a license is required for the license to be valid, except for the ASA-NC License, which is granted upon payment of ANY commission, and the ASA-BC license which is granted on commissions priced at $100 or more, as outlined above- However, purchase and payment for the commission itself is still required for these licenses to be valid.
If you require a license to apply to multiple works, you must purchase each license individually or instead enter a Contract agreement- Contract agreements may require royalties, profit shares, etc, and give you wider options including the option to add NDAs, and Non-competition agreements, and a variety of other terms which I do not allow for in my per-project pricing and licenses.

The Noncommercial License (“ASA-NC License”)

  • This is a Non-Exclusive Non-competition License- Ash Something Art is considered the Author and Owner of the art/IP. Ash Something Art retains all rights and may re-license, sub-license, or sell the IP rights/art for profit at their own discretion. You may not claim that you own the art (Ownership) or that you created it (Authorship). You may not register a copyright or trademark on the art, or do anything else that subverts Ash Something Art’s own rights/claims over the work. You may only use the art in the ways described in this license’s terms.
  • This license Requires Attribution – For proper attribution, you must do ALL of the following:
    • You must leave the watermark intact on the art on any and all platforms you upload it to. 
    • You must include the following text (verbatim) in the body text of the work on any and all locations it is uploaded/published on:
    • You must tag the official page or profile of Ash Something Art on the platform you are posting. The links and @ for each active platform may be found here: https://ashsomething.art/ash-something-online/ .
  • This license is Non-transferable/Not Licenseable/Sublicenseable – You may not grant rights to or permissions for the work to another person/entity or sell this license over the work to another person/entity. The exceptions to this are as follows:
    • You may upload the work to, and grant the license required by the Terms of Service of, any and all social media platforms, so long as the profile to which you are uploading it is not a monetized/professional/creator profile, as per the Noncommercial Clause of this license.
  • No Derivatives, Edits, Or Adaptations Allowed – You may not edit the work in any way. You may not color my line art, crop the provided images, change the colors, run the work through filters. You also may not redraw or trace the work to claim the redrawn/traced version as your own (derivative work) or put the image through an AI image generator to generate a new version of the work in a different style to claim as your own (Also a derivative work).
  • Noncommercial/Personal Use Only- You may not use this work commercially or as a portion of any other commercial work. Commercial use includes but is not limited to: Selling the digital file, selling prints, selling merch, using the work as a logo or in marketing materials for your company, in the background of any video on a monetized profile or in the photo/video/media galleries of any monetized account on any platform, offering the work behind a paywall on a subscriber platform such as Patreon, posting it TO a paywalled subscriber platform such as Patreon or Twitch publicly as a means to increase viewership or market/advertise said subscriber platform, selling the work on a blockchain or any NFT related service.
  • Royalty Free – As this license does not allow commercial use, and using it commercially is a breach of the terms of this license, no royalties are required. If commercial use occurs, and the terms of this license are broken, you will instead be held liable for damages, the cost of the commercial licenses, royalties, and any and all legal fees incurred by yourself and Ash Something Art in the pursuit of those damages.
  • No AI is used or Allowed on this work – You may not upload this work on any AI training database for any reason. You may not use AI filters on this artwork to modify it in any way or for any reason. AI usage regardless of reason or intent is disallowed on any and all art which Ash Something Art retains authorship of.
  • No NFT Usage Permitted – All NFT Usage is commercial use, and commercial use is disallowed by the Noncommercial aspect of this license, however NFT Usage is also disallowed on any and ALL art which Ash Something Art retains Authorship of.
  • In-Perpetuity – Once this license has been granted, you retain the license forever UNLESS you breach the TOS or use the work in a way which is disallowed by the terms of this license. You do not have to renew this license at any point unless you have broken the terms of service, at which point you must also have provided damages/recompense demanded by Ash Something Art and reinstated yourself to good standing, and regained your ability to purchase a commission/license from Ash Something Art, and are in good standing with the company.

The Basic Commercial License (“ASA-BC License”)

  • This is a Non-Exclusive Noncompetition License- Ash Something Art is considered the Author and Owner of the art/IP. Ash Something Art retains all rights and may relicense, sublicense, or sell the IP rights/art for profit at their own discretion. You may not claim that you own the art (Ownership) or that you created it (Authorship). You may not register a copyright or trademark on the art, or do anything else that subverts Ash Something Art’s own rights/claims over the work. You may only use the art in the ways described in this license’s terms.
  • This license Requires Attribution – For proper attribution, you must do ALL of the following:
    • You must leave the watermark intact on the art on any and all platforms you upload it to. 
    • You must include the following text (verbatim) in the body text of the work on any and all locations it is uploaded/published on:
    • You must tag the official page or profile of Ash Something Art on the platform you are posting. The links and @ for each active platform may be found here: https://ashsomething.art/ash-something-online/ .
  • This license is Non-transferable/Not Licensable/Sublicensable – You may not grant rights to or permissions for the work to another person/entity or sell this license over the work to another person/entity. The exceptions to this are as follows:
    • You may upload the work to, and grant the license required by the Terms of Service of, any and all social media platforms, or seller’s markets.
  • No Derivatives, Edits, Or Adaptations Allowed – You may not edit the work in any way. You may not color my line art, crop the provided images, change the colors, run the work through filters. You also may not redraw or trace the work to claim the redrawn/traced version as your own (derivative work) or put the image through an AI image generator to generate a new version of the work in a different style to claim as your own (Also a derivative work).
  • Limited Commercial Use Allowed – You may use this work to market and advertise your business, to sell prints or merch, to offer as a reward behind paywalled subscription services and so forth as long as you adhere to the rest of the terms of this license.
  • Royalty Free – The license granted on this work does not require you to pay royalties to Ash Something Art for your use of the work for commercial reasons.
  • No AI is used or Allowed on this work – You may not upload this work on any AI training database for any reason. You may not use AI filters on this artwork to modify it in any way or for any reason. AI usage regardless of reason or intent is disallowed on any and all art which Ash Something Art retains authorship of. Uploading the work into an AI database to create generated images in a similar style or to create variations of it breaches the No Derivatives clause outlined above.
  • No NFT Usage Permitted – NFT use requires the transfer of ownership from one right’s holder to the next; Ash Something Art remains the Author of this work and you may not claim or transfer that right to any other entity. For this reason, NFT Usage is disallowed on any and ALL art which Ash Something Art retains Authorship of. Whn selling an NFT on the blockchain you must sell the full IP Rights to the image- this license grants you Ownership rights but not Authorship rights, which means that you do not have the FULL IP RIGHTS to sell- it is considered a 50-50 ownership between yourself and Ash Something Art over these rights.
  • In-Perpetuity – Once this license has been granted, you retain the license forever UNLESS you breach the TOS or use the work in a way which is disallowed by the terms of this license. You do not have to renew this license at any point unless you have broken the terms of service, at which point you must also have provided damages/recompense demanded by Ash Something Art and reinstated yourself to good standing, and regained your ability to purchase a commission/license from Ash Something Art, and are in good standing with the company.

The Commercial Plus License (“ASA-C+ License”)

  • This is a Non-Exclusive License – Ash Something Art is considered the Author of the work and retains all rights granted by authorship including: Use of the work in my portfolio and website, as well as for commercial reasons limited to marketing and advertising of myself and the services I offer.
    You obtain Ownership of the art/IP. You may register copyright on the work, and claim any other rights/protections granted to the Owner of an IP by US copyright law.
  • This license Requires Attribution –As Ash Something Art is the Author, stating so is still required under this license. For proper attribution, you must do ALL of the following:
    • You must leave the watermark intact on the art on any and all platforms you upload it to. 
    • You must include the following text (verbatim) in the body text of the work on any and all locations it is uploaded/published on:
    • You must tag the official page or profile of Ash Something Art on the platform you are posting. The links and @ for each active platform may be found here: https://ashsomething.art/ash-something-online/ .
  • This license is Non-transferable/Not Licensable/Sublicensable – You may not grant rights to or permissions for the work to another person/entity or sell this license over the work to another person/entity. The exceptions to this are as follows:
    • You may upload the work to, and grant the license required by the Terms of Service of, any and all social media platforms, or seller’s markets so as to display and sell the work as required in the Commercial clause of this license.
  • Edits, and Adaptations Allowed – You may modify and adapt the work as you see fit, as it pertains to your needs for the work including but not limited to: Changing the color, cropping, and otherwise modifying the work, so long as the attribution is carried over to all places where these edited and adapted versions are used/published.
  • No Derivatives – You may not copy, trace, replicate or redraw the work so as to subvert Ash Something Art’s right to authorship of the work.
  • Limited Commercial Use Allowed – You may use this work to market and advertise your business, to sell prints or merch, to offer as a reward behind paywalled subscription services and so forth as long as you adhere to the rest of the terms of this license, and any other use of commercial use of the work which does not subvert Ash Something Art’s authorship rights to the work. You may not sell the work as an NFT or upload it into an AI database. See below.
  • Royalty Free – The license granted on this work does not require you to pay royalties to Ash Something Art for your use of the work for commercial reasons.
  • No AI is used or Allowed on this work – You may not upload this work on any AI training database for any reason. You may not use AI filters on this artwork to modify it in any way or for any reason. AI usage regardless of reason or intent is disallowed on any and all art which Ash Something Art retains authorship of. Uploading the work into an AI database to create generated images in a similar style or to create variations of it breaches the No Derivatives clause outlined above.
  • No NFT Usage Permitted – NFT use requires the transfer of ownership from one right’s holder to the next; Ash Something Art remains the Author of this work and you may not claim or transfer that right to any other entity. For this reason, NFT Usage is disallowed on any and ALL art which Ash Something Art retains Authorship of. Whn selling an NFT on the blockchain you must sell the full IP Rights to the image- this license grants you Ownership rights but not Authorship rights, which means that you do not have the FULL IP RIGHTS to sell- it is considered a 50-50 ownership between yourself and Ash Something Art over these rights.
  • In-Perpetuity – Once this license has been granted, you retain the license forever UNLESS you breach the TOS or use the work in a way which is disallowed by the terms of this license. You do not have to renew this license at any point unless you have broken the terms of service, at which point you must also have provided damages/recompense demanded by Ash Something Art and reinstated yourself to good standing, and regained your ability to purchase a commission/license from Ash Something Art, and are in good standing with the company.

Exclusive Rights Transfer (“ASA-EX License”)

  • This license is EXCLUSIVE and UNLIMITED – Ash Something Art transfers all rights to ownership and authorship to yourself or the entity which you represent, and no accreditation, or further action is required. Under this license, Ash Something Art waives all interest, and rights and claim to the work or use it in their portfolio, on their website, or be affiliated with the work in any way. You become the Sole rights holder over the work, and no usage of the work is dictated, restricted, or controlled by Ash Something Art.
  • Royalty Free – The cost of this license is in lieu of a royalty agreement for the work and waives your obligation to pay royalties on any usage of the work.
  • In-Perpetuity – Once this license has been granted, you retain the license forever.

IX. CANCELLATION AND REFUNDS

  • You have the right to cancel your commission at any time, for any reason.
  • Deposit for your commission is nonrefundable.
    If you paid in full, your deposit amount is considered to be 50% of the total you paid.
  • Refunds on payments beyond the deposit cost are only granted on request in the event that Ash Something Art fails to complete/provide the work as outlined in the terms of service here.
  • Ash Something Art reserves the right to cancel your order and send a refund in full (including Deposit amount) at any time, and for any reason.
    Ash Something Art will not make this decision unless they feel that completion of your project is not possible/feasible due to circumstances or complications arising after the order has been placed. In the event that Ash Something Art makes this decision, and ONLY in the event that Ash Something Art makes this decision, will the total price of your commission including deposit, be refunded.
  • Refundable amounts are case-by-case and depend on how much you paid for the project as well as how much work has been completed, based on a rate of $25/hr.
    This amount will be the total cost of your commission, minus the nonrefundable deposit, and minus any hours spent beyond what the deposit would have covered.
    Examples: If your commission cost $300, your nonrefundable deposit is $150, and the refundable portion is $150. The nonrefundable deposit would cover 6 hours of work. The refundable portion would also cover 6 hours of work, for a total of 12 hours. If 10 hours of work have been completed when you cancel the commission, your remaining refundable amount is the remaining2 hours worth of work, which would be $50. Similarly, if only 5 hours have been completed, your deposit is still nonrefundable in the full amount of $150, however the remaining $150 is entirely refundable.
    I will reiterate, that refunds are only provided in the instance that Ash Something Art has breached the terms as stated here, OR in the event that Ash Something Art has decided that they cannot complete the work as requested
  • You may not file a chargeback against Ash Something Art.
    In the event that a chargeback is filed legal action will be taken to recoup the funds taken, plus damages and legal fees, as this constitutes a breach in terms insofar as it regards to Ash Something Art’s refund policy, and you will be held responsible and for and expected to pay back to Ash Something Art the full amount amount that was charged back, damages, AND any and all legal fees incurred by Ash Something Art due to said breach of terms

X. DELIVERY AND WHAT YOU RECEIVE

“What you receive” will change depending on whether you have ordered a commission or have requested a contract.
When you order a commission, what you receive is subject to the license being applied to your commission.
When you order a contract, what you receive is dictated by the specific terms of the contract.

What you receive for commissions:

  • The ASA-NC License (Noncommercial):
    • WIP Screenshots of the work as it is being made, including but not limited to the Sketch, Revised Sketch, Line Art, Revised Line Art, Flat Color, Revised Flat Color, Cell Shaded, Revised Cell Shaded, OR Rendered/Revised Rendered Versions, as they pertain to the detail tier you ordered
    • WIP Screenshots of any text or graphic editing required 
    • One Revision per Detail Level requested (See Section VI. Revisions)
    • The completed artwork in the form of:
      • 1x 1500x2000px Jpeg
      • 1x 2000x2000px Jpeg
    • A written License agreement sent via Docusign for you to sign and return so we both can retain a copy of the license granted to you for our reference and any legal disputes
  • The ASA-BC License (Basic Commercial):
    • Everything included in the ASA-NC License plus:
    • 1x Full Resolution (18×24” 300dpi) Jpeg (which will feature Ash Something Art’s logo)
    • 1x Full Resolution (18×24” 300dpi) PNG with transparent background (Which will feature Ash Something Art’s logo)
    • Ash Something Art’s Logo must remain intact on any and all printing and publication of the work
  • The ASA-C+ License (Commercial Plus):
    • Everything in the ASA-BC License plus:
    • A complimentary variant of the work, and a copy of this variant in all the file types you receive for the original
    • The Ash Something Art watermark is removed on all print-ready/full resolution files (credit still required on all other versions and publications, and you must still attribute credit as outlined in the terms of the license ASIDE from displaying this logo/watermark on the tangible items
    • A simplified version of the source file which reduces the layers down to only those necessary: The character/figure, the Background, The Foreground, and any text will each be on their own layer.
  • The ASA-EX License (Exclusive Rights Transfer):
    • Everything outlined above, plus the source file with all layers intact.

You may at any time request a menu detailing the various file types, add-ons and “products” offered after completion of these digital works, however purchase of these file types and add-ons a-la-cart does NOT grant you the license to use those file types in ways not permitted by the license you have purchased- and you are far better off purchasing the license that has that specific item included in it.

XI. AGREEMENT TO TERMS

  • Your agreement to these terms or lack thereof does not change any rights to ownership, authorship, or protections granted to Ash Something Art as granted under US Copyright Law and protected/enforced by International Copyright Law.
  • Your agreement to these terms or lack thereof does not change what you are or are not allowed to do with Ash Something Art’s images, art, content, IP, etc as my right to dictate how my art is used is protected by US and International copyright law, and these protections are not limited to presentations of Ash Something Art’s protected content/IP this website.
  • Submission of payment in any amount to Ash Something Art via this website or any payment platform outlined in Section III. Prices, Payments and Fees confirms that you have agreed to these terms and conditions, and constitutes a legally binding agreement between yourself and Ash Something Art.