DO NOT BUY THIS UNLESS YOU HAVE CONTACTED ME AND DISCUSSED EVERYTHING!!!

TERMS AND CONDITIONS

Original Created in 04.05.2024

Last Updated: --.--.----

Please read the Agreement below carefully before paying for the commission and art-related services provided

by Michael Mieczkowski aka Necromuncher (Necromuncher Surrealistics).

Your access to and use of the Services is conditioned on your acceptance of and compliance with

these terms.

By paying the specified price for the "Picture-set Commission" you are accepting the agreement below.

1: Definitions

Artist: The individual producing the Commission / YCH ("Michael Mieczkowski", "Necromuncher", "Necromuncher Surrealistics")

Picture-set: defined as a bundle of Handdrawn and / or

3D rendered pictures with or without written dialogues on the bottom of the picture. A watermark is

also included in the picture as a visual signature of the artist.

Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.

Commissioner: The individual (client) purchasing the Commission.

YCH: Short for "your character here" which is a sub-type of a Commisison, where the background scene is predetermined (chosen by the Artist

and auctioned off. The Commissioner, in this case, has won the auction before reading the agreement and has therefore access to the service for this sub-type.

Source material: Any 3D models or handdrawn parts, layers from painting programs or texture maps for 3D models

or files associated with the production / creation of the picture set.

Original Character: the Figure of a fictional being that is used as part of the source material. This fictional character must not

infringe on any copyright. The Artist or the Commissioner must have come up with it's Original design on their own and not copied

copy-righted / copy-protected material.

2: Order

A: You are commissioning a YCH which customer's demands will be listed at the top of this Document.

B.1: The artist is committing himself to create a fictional story in the YCH format, using his own original characters and / or the original characters of the commissioner, as well as 3D modelled or Handdrawn backgrounds.

B.2: The commissioner confirms that he / she has the legal rights to use the characters for this commission,

by either owning the character / design or by having received permission by the (copyright) owner of said character.

C: The Completion of the YCH has no fixed time limit, however, the Commissioner may expect the Picture-set

to be finished and sent to them in digital form within 2 months after payment.

D: A refund, partial refund or other compensation may be discussed with the artist after the expiration of 2 months. A refund is in order for every picture, character or asset that has not been finished.

After a refund has been given, the YCH is considered as closed and the artist is not obligated

to finish the refunded commission or any refunded items.

E: The Artist and Commissioner may both suggest changes to the poses and background details. 30% of the total item count in the background

may be changed (items that were added by request of the commissioner do not apply to the 30%. these added items can be again removed).

However, finished pictures may not be changed.

The artist may refuse any changes to the YCH.

F: Work on the Picture-set will be halted, if the commissioner or the artist requests a change in the YCH to be done.

Any changes after the payment of the YCH may result in further expenses, which are to be paid

by the commissioner before work can be continued.

Work will be continued when either, the change has been refused by the artist, withdrawn by the commissioner or after the artist has accepted the change

in question and when the expenses, related to the changes, have been paid by the commissioner or if change related credit note has been refunded by the artist.

G: Credit notes (and related refunds) may only be granted in the first two weeks after the payment of the YCH.

3: License Agreement

A: You, the commissioner, are allowed to make backup files of the YCH for personal use.

B: The pictures included in the YCH may be edited for personal use, including change of

color palette, cropping and adding new or manipulating existing parts of the image.

C: You may upload any picture from the YCH on a public site (including modified versions) for non-commercial purposes.

D: You are allowed to share any of the pictures from the YCH with any third party members

through digital means. You may distribute whole pictures or parts of pictures in printed form from

the YCH for non-commercial purposes (including modified versions).

E: The Commissioner may print out any pictures for personal and non-commercial use.

4: Terms

A: The artist is not responsible to keep a backup of the YCH or source material.

B: The artist is not responsible for printing or creating a hard copy of the YCH.

C: The artist retains all rights for the YCH, including his original characters

(their appearence and names) and his watermark.

D: The artist may redistribute the finished YCH for private and commercial purposes.

E: The artist may not sell the rights or any licences for the original characters owned by the commissioner.

F: The commissioner allows the artist to use the commissioners original characters for the sole

purpose of creating the YCH, therefore the artist may not use the

commissioners original characters for any purposes or projects outside of the YCH.

G: The artist is not obligated to send any source material to the commissioner.

H: The artist may use the source material (excluding the commissioner's original characters) outside of the YCH.

I: The artist may use any 3D models (including the 3D models for the commissioners original characters)

created for the YCH as a basis for the creation of new models or characters, with the

condition that any 3D characters, based on the commissioners original characters, have a sufficiently

modified appearence so that the commissioners original character cannot be identified as such anymore.

J: The commissioner may disallow the use of the models of his original characters for use as basis

for creation of other characters by the artist within the first month after payment for the YCH.

K: The artist is obligated to send a digital copy to the commissioner after the YCH project has been finished.

L: However, the artist is not obligated to upload any pictures of the YCH onto any private or public website.