TERMS OF SERVICE

DolphinProject Terms of Service

LAST UPDATED (10/26/24)

By doing business with me and sending me money or anything with monetary value, you are confirming that you are 18+ and agreeing to the Terms and Conditions listed below.

If you do not have time to read all of this, you may skip to the bottom and read the section highlighted in yellow to get the TL:DR key takeaways of my Terms of Service.

AGE RESTRICTIONS

You MUST be 18 years or older to order art of any kind from me, whether it's SFW or NSFW.
I will ask to see your ID if I notice any red flags or minor-like behavior.
Any minors caught trying to purchase NSFW art will be blocked and blacklisted instantly and permanently. You will not be able to purchase art from me even when you turn 18+.
I will refuse service to anyone who is caught trying to purchase art for a minor. Doing this will also result in an instant block and blacklist for both the offender and minor in question.

PAYMENT

All prices are in USD ONLY. Please see PayPal's USD current conversion rates for your country's currency. Gift cards, Bitcoin, checks, Robux, V-Bucks, Monopoly Money, or other forms of currency are not accepted.
All payment will go through PayPal only. Other payment methods will not be accepted.
Please send me your PayPal email address so I can send you the invoice myself.
Any kind of work will begin once the FULL payment is received. Half payments of any kind are not accepted.
"Credit" systems, pre-paid art deals, or any kind of deal that involves the idea of sending large sums of money so that all future art is pre-paid is not accepted. Attempts to do this will result in a full refund and a possible blacklist.
Please wait for the invoice to come in before sending your payment. Do not send money without my permission through PayPal's "Friends and Family" feature. This will result in the money getting refunded and a possible blacklist.
Paying for art through unwanted art-trades is not accepted. Art-trades are reserved only for well-known personal friends.

WHEN SUBMITTING YOUR COMMISSION

Please read my Do's and Don'ts and other TOS policies.
Commission requests must be filled out via the Commission Google Form!
It is highly recommended that you provide your reference sheets at the highest image quality. Hard to read reference sheets will make the drawing process difficult.
DO NOT SEND YOUR REFERENCES THROUGH DISCORD ATTACHMENTS! THE LINKS WILL EXPIRE AND I WILL NOT BE ABLE TO SEE THEM!
When describing your idea, please make sure to be as detailed as possible, so that way I can draw your request just the way you like it.
If I find any ambiguities in the idea or reference sheet, I will ask you about them. Otherwise, I will take creative liberties.
If your commission involves another person's character, make sure that you have the rights and permissions to use that character.

PROCESS & COMMUNICATION

Additional communication will be done only through FA's Note System, Discord, or Telegram. Other methods of communication will not be accepted.
All buying options, except for YCHs and Orcaballs, will come with WIP draft sketches.
- These WIP images are flat, uncolored, pencil sketches.
- At this stage, any small changes or mistakes on my part are free of charge for the first 6 iterations. Additional iterations will be an additional $5.
- "Huge and dramatic changes" at this stage are free only for the first three iterations. Additional changes and iterations will be an additional $25.
- ("Huge changes" include pose changes, another full bodied character, a visually complicated object, etc.)
- (Extra panels for comic commissions will be charged based on the comic panel rates the comic commission was originally charged with)
Once the WIP draft sketch is approved by you, I will get to work on the final product.
- Small changes may be free of charge. But any big changes made at this stage will be an additional charge. Prices can go from $10 to $50+.
Do not frequently spam me with messages rushing/asking me if your commission is finished or being worked on. Messages like these will be ignored and given a warning. I will refuse service and put you on the blacklist if these messages persist. You cannot rush art.
For those who are in a rush or need a piece of art by a certain deadline, an Express Fee is available. This is an additional $15.
Any rude or non-civil behavior will immediately result in a block and blacklist, along with your commission getting cancelled instantly.
Attempts to subvert my TOS and trick me into drawing something that goes against my Do's and Don'ts will result in an instant blacklist.
Any attempt to threaten me into drawing something or doing something for you will instantly result in a block and blacklist.

DISTRIBUTION & ARTIST'S RIGHTS

During the WIP stage of your commission, please ask before redlining the sketch.
Do not alter or change the final sketch in any way. If any changes are desired at this state, you need to let me know. Making your own changes or commissioning another artist to make the changes will instantly get you on the blacklist.
Do not take my WIP sketch and draw over it, or send it to another artist to finish. This will instantly get you on a blacklist and void your refund.
Unless instructed otherwise by the commissioner, I have the right to post your art to galleries of my choice, with or without your permission.
Unless instructed otherwise by the commissioner, I have the right to stream the production of your commission whether you are present in that stream or not.
Do not erase, remove, or alter the artist's signature.
Do not use my art as an NFT. My art isn't worth making an NFT over, and you'll just make yourself look like an idiot. Besides, I will just steal it.
Do not trace, splice, or heavily reference my artwork or art-style. Art theft is taken very seriously, and artists caught doing this will be asked to take any offending artwork down.
Do not use my art as data for AI image generators.
I have the right to reuse art from cancelled commissions for my own personal artwork.

IF YOU WANT TO CANCEL & REFUND

As the artist, I have the FULL right to cancel your commission at any time and at any stage of the process. I reserve the right to refuse service due to any reason.
You must contact me directly in order to cancel your order and receive a refund.
If the commission is cancelled, the amount of money refunded depends on the state the art was at upon cancellation.
- Cancelled before WIP - Full Refund
- Cancelled after WIP - 50% is Refunded
- Once the WIP sketch is approved, the commission is no longer refundable.
Orcaballs, YCHs, and Colored Sketch commissions are non-refundable.
If you clearly no longer desire the commission but reluctantly want the commission to continue, a refund will be issued from my side. I don't want to spend time completing a commission I know the client won't be happy about.
Commissions may also be cancelled from my side due to severe personal reasons
- (E.g. Severe medical emergency, house destroyed due to any reason, my death, etc.)
If your service has been cancelled specifically due to scamming, extreme levels of uncivil behavior, and/or violating my age restrictions, only 2% will be refunded back to you.

WILL YOU POST MY COMMISSION TO YOUR GALLERY?

I AM NOT OBLIGATED TO POST ALL THE COMMISSIONS I COMPLETE FOR CLIENTS.
I will not accept any special requests or extra payment to post your commission.
If your commission does not appear on my gallery, this does not mean that I did not like it, did not do my best on it, or have any negative feelings towards it. There is a lot of thought process and planning that goes into the types of images I post onto my page. I do this to ensure there is a good variety of art on the gallery that can appeal to as much diverse viewers and watchers as possible.
Orcaballs and Reference Sheets usually do not get posted onto the gallery. They are usually reserved for the end of the year and posted all at once.
You are free to post your commission to your own page and share it everywhere you please.
If you do not want the commission to be posted or featured in any of my streams, please let me know during the commission process that the image is PRIVATE.
If you want the commission to be ANONYMOUS, I will hide your name from the file and not mention you in the description if I ever get to post your commission to the gallery.
Blacklisted people will no longer have their art posted to my gallery.

USING MY ORIGINAL CHARACTERS IN YOUR COMMISSION

You are free to request the use of my characters (Yano, Torpedo, Dion, etc.) in your commission.
As the owner of my characters, I have the final say on how they should be depicted in your order.
Any events depicted in non-personal artwork are not canon to the characters. Non-personal artwork includes commissions drawn by me or other artists, gifts, art-trades, requests, collaborations, etc.
You must ask me for permission when using my characters for a commission drawn by another artist. Failure to do so may result in a block and blacklist.
Claiming non-personal artwork featuring my characters is canon will result in an immediate block and blacklist. You do not control my characters.

KEY TAKEAWAYS:

I have the right to refuse or terminate service to anyone who is not being civil.
Payment is done only through PayPal. Nothing else. I send the invoice.
Please send me all relevant reference sheets, documents, and descriptions when commissioning.
Work begins once the payment is received.
Depending on what you ordered, you may or may not receive a WIP sketch.
Changes will cost a fee depending on the level of change and the state of the artwork the change was requested.
I have the right to post, share, and stream your commission unless requested not to.
You can cancel anytime, except once the commission draft sketch is approved. Please message me directly to request a cancellation. You could receive a full refund.
I am not obligated to post all commissions I finish to the "Dolphinproject" FA page.
My OCs can be used in commissions, but I have the final say on what is canon and how the characters are depicted.
PLEASE READ ABOVE FOR MORE DETAILS