Terms of Service

OVERVIEW

Last Modified: 02-21-2021

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Color Splash, Llc.

  1. The artist has the right to refuse any commission request without needing to explain the reason.
  2. The artist reserves the right to stop work on a commission, or cancel a commission request due to poor communication or rude/inappropriate behavior, or a breach of these Terms of Service.
  3. The client will provide English translation if English is not their native spoken or written language. 
  4. The artist will not create any depictions of hateful or racial imagery.
  5. By commissioning the artist, the client is purchasing the artist’s labor only.  The artist retains all rights to the artwork, which includes but is not limited to: Distribution, reproduction, use of the work for artist promotion.
  6. The client must specify the content of the commission to the best of their ability prior to a commission agreement. 
  7. A retainer fee is required before work is begun and is based on the scope of the project.
  8. With corporate projects, communication is vital to the artist.  The mode of communication will be determined between artist and client prior to initiating the project.
  9. Artist will place digital files of artwork in a shared DROPBOX folder, Google Drive, or other cloud based system that is shared with the client, project manager, or designee of project.  File names created by artist may have a creative leaning, depending on her mood for that day.  Client should specify desired title names to prevent such occurrences.
  10. Client to provide desired size of the commission.  If digital; size should be in pixel dimensions and dpi.  If image is to be used for multiple purposes, client shall provide additional sizes and dimensions.  Additional charges may occur based on alterations having to be made due to size constraints.
  11. Revisions depend on commission type.  Traditional artwork/illustration only 2 revisions are allowed after approval of rough sketch.  Digital work revisions will be decided upon at time of commission agreement depending on the scope of the project.  
  12. If commission is time-sensitive, a rush fee may be applied.  Fee will be discussed and agreed upon before commission begins.
  13. If the project is defined as confidential in the commission agreement, the artist will temporarily delay public display of the image at the request of the client and as defined in the agreement until such time that public display is permitted.
  14. The artist retains copyright of image.  If image is for commercial use, then licenses may be agreed upon if stated on the commission agreement.  
  15. Payments to be made through PayPal or ACH deposit.  
  16. Refunds may be issued if the client notifies the artist prior to start of work.  Partial or no refunds will be issued after the start of work depending on what stage the artwork is in at the time of requested refund (the earlier the better) if any of these Terms of Service are breached.
  17. INDEMNITY:  You agree to indemnify  and hold Color Splash, LLC and the Illustrator harmless from any claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from the use of an image or any breach of this agreement.

Creative Process

The artist has some unusual creative processes and may ask some unexpected questions.  

In order to capture the emotion of characters or scene, the artist may request a musical playlist to listen to or descriptions of personifications of characters in movies or books may be requested.    

If client is particular about a specific scenario, then reference photos may need to be supplied.  If likeness of characters is crucial, reference photos may be required. 

In the case that the resemblance of specific characters are to be continued in other scenarios, then multiple photos of the person from different angles may be required.  In order for the artist to capture the depiction of people, the artist needs to know how that person’s facial muscles and planes of their face lie.  Every person is unique and to create a semblance requires close observation. 

Contact Information

The client is encouraged to contact the artist via email (missypaintyourlife@gmail.com) or use the contact form at https://itsallintheart.com

The artist will not phone the client unless client has not responded through other forms of communication Ir there is a conflict in schedule, payment, or a breach in the Terms of Service.  

The client may request a different form of communication (e.g. phone, Skype, Facebook Messenger, Telegram, Zoom, etc.)  to discuss a project. 

The artist will need the client’s address for billing or shipping purposes.