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- Terms of Service -

General​​

 

By working with me you automatically agree to my terms. Please take the time to read them, as I may refuse an order and/or blacklist you if you do not respect my terms. I reserve the right to make changes to these terms of use at any time, which will be effective immediately upon publication on this site.

All works created by me, Zema Coralie, are protected by copyright under the law (Articles L121-1 to L123-12). I retain the intellectual property rights and/or copyrights on all my works. Any copyright infringement regarding my work will be subject to legal action. It is strictly forbidden to claim ownership of the work or any copyright on my work.

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I do not authorize:

  • the use of my works as avatars, profile pictures, banners on social networks without prior agreement

  • the use of all my original characters that I own and all works of said characters, whether or not created by me without prior agreement

  • the use of my company name, my artist name, my brand identifiers or my logos

  • the tracing, editing, or any other transformation of my works

  • the cropping or erasing of my watermarks and/or signatures

  • the use of photos and concepts of my works, both digital and physical

  • any use of my works for the purpose of impersonating me, carrying out scams or using them in a hateful or offensive manner.

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Unauthorized use of my works will be met either personally or legally, depending on the severity of the infringement. I do not consent to my works or self-created media being used or related in any way to AI art generation technologies and markets, all cryptocurrencies or NFT/blockchain related technologies.

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No depiction of trademarks or copyrighted materials, merchandise, logos and other media in my works is intended to constitute copyright infringement, commercial use, implication of ownership or defamation. Appropriate and creative measures are taken to avoid any copyright infringement of the work of others and to creatively transform said work where necessary for fair use.

Depictions of copyrighted works in my work are intended to interact positively with said work, such as "fanart". The sale of works containing copyrighted works is not intended to harm the market or damage the value of the copyrighted work.

Commissions - Right of use​

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  • You may request that your commission remain private and not be posted on my social media, broadcast on my streams, or removed from my social media and website at any time.

  • I will not use any artwork commissioned by clients as branding, as a profile picture or banner on social media, to create physical products, or to resell or distribute in any way.

  • I will not claim ownership of the subjects or characters depicted. Characters will be credited to the original owner(s).

  • I will not intentionally share full resolution and/or unsigned files in a way that allows them to be downloaded, and I will not provide these files to anyone other than the client if requested.

  • Clients are free to use the artworks they commission from me for personal use, which includes: use as a profile picture and social media banner, printing the artwork in small quantities, displaying or publishing the commissioned artwork on the client's social media, galleries or websites.

  • Commercial use of commissioned artworks is not permitted without discussing it directly with me. In all cases, I will require the purchase of a commercial license, the price of which may vary depending on the artwork and the client and may include the addition of artist royalties, depending on the intended commercial use of the artwork. Commercial use includes: use of the artwork in the case of branding and advertising; printing of the artwork in the form of physical copies or merchandise for sale.

  • The resale or transfer of commercial rights to the commissioned work must be discussed with myself by both parties involved in the transaction, in which case the commercial license fees and/or artist royalties must be renewed by the recipient.

  • All works commissioned for personal or commercial use must be credited to my name in a visible manner near the work used, with my artist name "Chubby Kirin".

Commissions - Order contract​

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Overview

  • This contract is to define the terms between me, Zema Coralie or "Chubby Kirin" and the users of my services, you, my client; who order one or more custom made artwork(s).

  • By entering into a contract with me, you declare that: you accept my terms of use; that this contract legally binds you to comply with it; that you are an adult of 18 years or older; and that you understand that this contract applies to each work commissioned and does not establish an exclusive employment relationship.

  • I reserve the right to refuse to enter into a contract with you and to cancel active contracts at any time.

  • Commissions include specific usage permissions. You can find them described in the paragraph above.

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Payment Terms

  • Payment for commissioned works is accepted by invoice via bank transfer (for France only) or Paypal. Rates are not negotiable and I am not responsible if a problem occurs during the transaction. I accept EUROS, including currency conversions. You will need to provide me with your name, surname and email address (and postal address if sending) in order for me to make your invoice.

  • Payment must be made in advance and in full once the invoice is received and before I start working on your commission. Payment plans can be discussed, in which I will ask for a deposit of at least 25% of the total price as the first payment.

  • If payment is not received by the deadline written on the invoice, the commission contract will be canceled and your slot revoked.

  • Private orders, major changes in later stages of the order process and requests for delays will each incur a surcharge on the price indicated which will change depending on the demand.

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Ordering process

  • A clear visual reference of the subject(s) is required for the smooth running of my work. Written descriptions and batches of reference images or moodboards are accepted for character creation only. An overly detailed character or request will incur an additional fee.

  • I am happy to work with some creative freedom, but if you have specific details in mind for the commission such as: pose, outfit, background, etc., please feel free to provide a summary of your ideas either when you first contact me to order or when I ask if you have any preferences. Please keep in mind that you are ordering from me for my art style. I do not accept exact reproductions of particular art styles.

  • Work in progress previews will be sent to you throughout the commission process for approval and change requests. You are allowed to request updates and changes at any time. A complete rework of an order at the sketch stage will be free, after which major changes will incur an additional fee.

  • It is acceptable for you to redraw over a work in progress to show specific changes.

  • Most orders are estimated to have a turnaround time of between 1 week and 3 months. Clients will be informed of any significant delays in turnaround time. I work Monday to Friday with variable hours and do not generally respond to business enquiries on weekends. Any requests for a turnaround time must be notified to me when initially discussing your order.

  • A commission contract is complete upon approval of the completed work by the client and transfer of all relevant files.

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Cancellation conditions

Cancellations may be requested by the client or issued by me at any time during the order process. Cancellation of a contract will include a refund of payment. A fee will be deducted from the refund issued, equal to the amount of work already completed. Not started, the client will receive a full refund. ​No refunds will be issued if the order has been completed. Gratuities are non-refundable. Clients will not be granted permission to use any commissioned work that has been cancelled, regardless of the progress.

Commissions - Character creation​

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I retain ownership rights to all character creations made by myself and can freely use the work to display it as an example in my portfolio, publish it on my social networks and my website. Personal rights are included when transferring the files to the recipient, whether it is the buyer or the recipient.
The owner of the created character:

  • MAY: Modify the design as you wish. Modifying my work is only permitted for personal use and reference, and does not permit future commercial use of the modified work.

  • MAY: Sell, trade, or gift any of my designs at your own discretion. Personal rights to the character are included upon transfer unless otherwise agreed. I will not settle ownership disputes.

  • MAY NOT: Use my original design artwork for commercial or for-profit purposes. If you wish to use my character design artwork for commercial purposes, you may send me a request that will include a commercial licensing fee and/or artist royalties.

  • MAY NOT: Create a "species", including open/non-profit or closed/for-profit, based on this character design or its unique traits, without my explicit permission.

DISPUTE – CONSUMER MEDIATION

In the event of a dispute between the Customer and the company, they will endeavour to resolve it amicably (the Customer will send a written complaint to the professional or, where applicable, to the professional's Customer Relations Department). In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Customer within the meaning of Article L.133-4 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the Consumer Code, namely: - The Professional Mediation Company - www.mediateur-consommation-smp.fr - 24 rue Albert de Mun 33000 Bordeaux

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