Commission ToS (Last updated January 8th, 2024)
Welcome to Tapirclip's Commission Terms of Service (ToS).
These terms are designed to govern the interactions and engagements between the artist and clients seeking commissioned artwork.
The terms outlined herein apply uniformly to both free and paid art requests, ensuring a consistent standard of service and expectations for all parties involved.
By engaging with Tapirclip's services, whether through the exchange of currency or as a recipient of complimentary art, you affirm your understanding and acceptance of the following Terms of Service.
Violation of these terms will result in consequences. Depending on the severity of the infraction, violators may receive a warning for certain cases, while more egregious violations will lead to an outright ban.
Please note that the term âCommissionâ and âRequestâ are used interchangeably throughout this document. In either case, this refers to a personalized and custom artwork requested by a client (hereafter referred to as the 'commissioner' or âclientâ ) from the artist (hereafter referred to as the 'artist' or the pen name, âTapirclipâ, or sometimes in the first person because this is my first time writing a ToS). This bespoke piece of art is created based on the commissioner's specifications, which may include but are not limited to subject matter, style, and other unique preferences outlined during the initial commissioning process in the designated submission form. It is acknowledged that the commissioned artwork will bear the individuality and artistic interpretation of the artist. The Terms of Service govern the rights, responsibilities, and guidelines associated with the creation, delivery, and usage of commissioned artworks to ensure a clear and mutually respectful collaboration between the artist and the commissioner.
Newest changes (January 8th 2024);
Updates Section 1 to include special clause about Comments Giveaways
Updated Section 4 - Right to Refuse
Updated Section 6 - Visual References- to clarify the usage of real photos
Updated Section 15 - Usage Rights - to clarify the legality of commissions
Updated Section 14 - Communication Efficiency
Previous changes (December 23rd 2023):
Removed âDoodle Detentionâ
Updated Section 6- Visual References - More information, primarily about âpose theftâ added
Added an easter egg
Updates Section 15 - Usage Rights
Updates name from âTapirclip Updatesâ to âTapir Tuesdayâ
Communication in Submission Form:
All communication related to the commission must occur during the initial request phase, in the provided submission form.
Any feedback or comments are encouraged to be shared in a designated public comments section.
Any request for a redraw or correction of completed art is grounds for an immediate ban.
Clients are encouraged to express gratitude for received artwork and acknowledge its receipt. However, it is important to note that any comments expressing a desire for a redraw are not permitted.
Clients are expressly advised against preemptively messaging the artist to inquire about the feasibility of a specific idea. Prospective clients are required to exclusively use the designated submission form for commission information.
Engaging in such preemptive communication by messaging about ideas before submitting the official form may result in a ban.
The submission form is designated solely for discussing your commission idea. Any unrelated discussions, queries, or messages outside the scope of your commission request are not allowed and may result in a ban. Please ensure that all communication remains focused on your commission details for an efficient collaboration.
Your adherence to this communication protocol is essential, and failure to comply will result in a ban from further engagements.
Comments Giveaways
In addition to the standard commission process, the artist may occasionally conduct special limited-time giveaways in the comments section. These special giveaways may be limited by the number of participants or a specified timeframe. Once closed, no further entries or discussions will be entertained. Participants are advised to adhere to any specific conditions or themes specified for these special giveaways, as they may differ from the standard commission process. Any changes in the conditions or themes will be communicated by the artist.
These special giveaways are subject to the same rules and policies outlined in the rest of the Terms of Service (ToS)
If participants are asked to post their reference images or ideas in the comments section, participants are required to keep all discussions and images within the bounds of Safe for Work (SFW) content to comply with Substack's platform policies. However, if a special comments giveaway includes a Google Form for participants to communicate their ideas, they are permitted to include Not Safe for Work (NSFW) materials in that designated form. It is emphasized that NSFW content should only be included in the specified communication channels, and any discussions or images in the public comments section must remain SFW.
It is emphasized that the artist will announce the timing of these casual comments giveaways. Participants are not permitted to inquire about or discuss them outside of the designated comments section.
Age Requirement:
All individuals engaging in commission requests, whether free or paid, must be at least 18 years old and the age of majority in their respective jurisdiction. Anyone found to be underage will be banned from commissioning, subscription services, and all associated platforms. This policy is in place to ensure compliance with legal requirements and to maintain a responsible and appropriate environment for all commission interactions.
Modification of Terms:
The artist may modify these Terms of Service without notice. Users are advised to check for updates regularly. Continued use of "Tapir Tuesday" after modifications implies acceptance.
If you do not agree with the revised terms, please unsubscribe. Please do not make me do this for you.
Right to Refuse:
The artist reserves the right to decline any commission request for any reason.
Clients are not permitted to inquire about the reasons for the refusal. Any attempts to seek clarification on declined concepts will result in a ban from future engagements. This policy is in place to maintain professional discretion and preserve the efficiency of the commission process.
In the event that a requested idea is not feasible, clients will receive prompt notification via email. In such an instance, you may redo the submission form.
Do not communicate your commission ideas in email, and keep all ideas related to your commission in the provided form.
Any arguments advocating for the creation of a denied request will lead to an immediate ban.
Individuals who have been banned are prohibited from inquiring about the ban status on another account. Additionally, soliciting friends or associates to make inquiries on their behalf is strictly forbidden. Violation of this policy will result in the immediate imposition of a ban on the inquiring account.
Artistic Interpretation:
The client acknowledges and accepts the inherent creative interpretation involved in the artistic process. Precision-seeking clients are advised to seek services from another artist.
Tapirclip specializes in creating manga and character illustration art. Clients are advised that artworks falling outside these genres may not achieve the same level of proficiency or artistic quality. Clients are encouraged to consider Tapirclip's strengths and preferences when submitting commission requests, ensuring an optimal match between the artist's expertise and the desired artistic content.
Tapirclip exercises the right to upload and showcase a variety of artworks, including explicit content and other unconventional themes. Clients engaging in commissioned work with Tapirclip acknowledge and accept that their commissioned drawings may be displayed alongside a range of artistic expressions, including content that may be considered unconventional or explicit.
Tapirclip is open to creating explicit art for commissions.
However, it is important to note that the artist reserves the right to incorporate âcreative censorshipâ in explicit artworks. By commissioning explicit art from Tapirclip, clients implicitly agree to the possibility of creative censorship being applied to their requested content.
Clients are advised to consider the complexity of character designs in relation to the artistic output. Simple designs allow for more details, but if a character is very complicated, it will be harder to add extra artistic touches.
Multiple panels and character alts are permitted, but be mindful of the time limit.
Visual References:
Clients are strongly encouraged to enhance communication by providing visual references, particularly for character features and poses. The inclusion of character reference, sketches, AI art, recolors of preexisting art, and/or digital composition is recommended for clarity and effective conveyance of artistic concepts.
Clients are strictly prohibited from sending any illegal content for use as picture reference. The artist reserves the right to refuse any commission that involves the use of such materials. Any violation of this policy will result in immediate termination of the commission and banning from future engagements. It is the responsibility of clients to ensure that all reference materials provided adhere to legal standards.
If commissioners choose to provide reference photos featuring real-life people, it is mandatory that these photos are obtained from stock photo websites or sources that offer images under open source/creative commons licenses. The photos should specifically depict adults.
Furthermore, it is explicitly stated that any final artwork produced based on these reference photos will not bear any resemblance to the models used. The intent is to use stock photos for reference purposes, such as outfits and poses, without drawing the likeness of real individuals. This measure is in place to respect individuals' privacy and ensure that the final artwork does not portray real-life people
Commissioners are expressly prohibited from using real-life photo references of animals for explicit adult artwork. Any commission requests violating this policy may be declined, and repeated violations may result in a ban from future commissions.
"Pose theft" refers to the act of replicating or closely imitating a specific pose or composition originally created by another artist. This can involve recreating the positioning and arrangement of characters or subjects in a way that strongly resembles the original work.
Before submitting references, assess whether providing another artist's work for me to reference may lead to potential intellectual property concerns, such as accusations of âpose theftâ or unauthorized depiction of their character. Please note that I won't conduct a preemptive investigation on this matter. It is the commissioner's responsibility to ensure that the references submitted adhere to individual artist preferences.
To clarify: I am open to drawing many things.
I want you to send me visual references for your commission.
I do not care about âpose theftâ.
There are artists who disagree on this matter. They take âpose theftâ very seriously.
I donât want to get any messages from another artist saying I âstoleâ their pose or Iâm not allowed to draw their OC.
It is the commissionerâs responsibility to minimize any potential conflict when sending me visual references.
Concise Requests:
To optimize artistic output, clients are advised to maintain brevity in their submission requests. You are encouraged, but not required, to limit your text description to under two sentences. In cases where an image request contains extensive text, you may be requested to condense and simplify your submission for brevity.
If you are asked to reword your submission request, do not do so in email. Keep your reworded request limited to the submission form. The rules in section 1, and the rest of the ToS, apply for a reworded request.
Reroll:
If dissatisfied with with commission results, clients are discouraged, but not prohibited, from commissioning the same idea twice. If the artist did not comprehend the concept adequately the first time, a subsequent attempt may yield similar outcomes.
Detailed explanations or additional attempts to convey the same concept will not bridge the comprehension gap. Instead, clients are encouraged to explore alternative concepts or consult with another artist if the initial execution did not align with their expectations.
Dissatisfaction from results do not entitle the commissioner for redraws or corrections. Please see section 1 for further information about communication.
If a client wants to commission the same idea multiple times, or variations on a previously expressed idea, the artist is open to creating multiple artworks based on that concept.
However, please remember that every commission is a self-contained instance. The same rules apply to your commission, regardless of subject matter or status of previous attempt.
The artist will not remember previous commissions. It is the commissionerâs responsibility convey relevant information every time, even if it was expressed in a previous commission.
Negativity and Hostility:
Submissions displaying negative or hostile personal conduct towards the artist will result in an immediate ban.
Do not use the submission form to vent, grieve, or give feedback. The submission form is designated for professional communication related to commission requests. Personal grievances and criticisms are not appropriate in this space. Keep the communication within the form focused on the necessary details and information pertinent to the commission request.
The comments section is the designated space for directing all feedback. Whether itâs for the artistâs style, operations, or how Iâm a bully. Shit on me/my art as much as you want in public. Keep it out of the submission form.
Bans:
Tapirclip retains the authority to impose bans on individuals at their discretion and for any reason.
Clients and participants acknowledge this discretionary ban authority when engaging in any form of interaction with Tapirclip.
All bans imposed by Tapirclip are final and may be enacted for any reason. In the event of a ban, even if an individual has earned a reward, the reward will not be redeemed.
Redraws/Corrections:
Revisions, including redraws or corrections, will not be entertained for completed artworks. Regardless of misunderstanding from the artist or dissatisfaction from the commissioner, the artist will not provide corrections or redraws.
The commissioner is welcome to make corrections independently, seek the services of another artist for corrections, or employ AI for corrections.
Any commissioners messaging in regards to redraws or corrections of completed artwork will receive an immediate ban.
Collaborative Projects/Sequential Art:
Clients are welcome to independently collaborate with their friends or use multiple commissions to create sequential art. However, it is important to note that the artist will not provide redraws or corrections if the commissioned pieces do not align with the intended outcome.
As previously stated in section 8: Every commission is a self-contained instance. The artist will not remember previous commissions. It is the commissionerâs responsibility convey relevant information every time, even if it was expressed in a previous commission.
Clients are responsible for assembling their multiple commissioned pieces to create the final sequential art. The artist will not undertake this process or provide additional work to correct or finalize the composition. Clients are encouraged to plan their collaborations carefully and communicate effectively to ensure a cohesive final result.
Combining Requests:
Combining multiple requests to extend the drawing time beyond the designated limit is prohibited. This includes, but is not limited to, earning two 30-minute requests and asking that 60 minutes are spent on a request idea.
Any appeals to extend commission time will result in a ban.
Clients are strictly prohibited from utilizing multiple commissions for multiple steps in the artistic process. This includes, but is not limited to, using one commission for the monochrome lineart of an image, and a second commission for coloring the previously rendered lineart.
Each commissioned artwork is intended for a complete and standalone purpose.
However, clients are welcome to combine finished commissions to create a sequential image after each individual request is completed. This is at the discretion of the client, and such combinations are considered the client's own creative undertaking.
Communication Efficiency:
While clients may provide visuals through alternative means if necessary, they should be aware that any time spent on administrative tasks, including reference gathering, will be deducted from the allocated time. It is recommended to use the submission form for streamlined communication.
Clients are apprised that any time devoted to online reference searches during the artistic process will be subtracted from the designated timeframe. To streamline the creative workflow, clients are encouraged to ensure prompt accessibility of reference details.
Usage Rights:
The commissioner retains full ownership rights of the commissioned artwork.
The commissioner is granted unlimited personal use rights, including the right to modify, edit, upload, and display the artwork for personal purposes.
The commissioner has the right to allow another artist to edit the commissioned artwork. The commissioner has the right to use the commissioned artwork in AI applications or editing processes involving AI technologies.
The commissioner has the right to sell or transfer their ownership of the commissioned artwork.
If a commissioner decides to sell or transfer ownership of their commissioned art, they must ensure that the characters and concepts depicted in the artwork are their own intellectual property or that they have the legal right to transfer ownership. The artist assumes no responsibility for any legal issues arising from the sale or transfer of commissioned artwork by the commissioner.
If a commissioner intends to use the commissioned art for commercial purposes (including, but not limited to: merchandising, digital products, printed material, social media and branding, website and online presence, commercial publications, corporate branding) they must ensure that the characters and concepts depicted in the artwork are their own intellectual property or that they have the legal right to use and commercialize said characters and concepts. The artist assumes no responsibility for any legal issues arising from the commercial use of commissioned artwork in merchandise by the commissioner.
Commissioners are solely responsible for ensuring that their commission requests comply with all applicable local, national, and international laws. It is the commissioner's responsibility to verify the legality of the requested content in their jurisdiction. The artist assumes no liability for any legal issues arising from the commission request. By submitting a commission request, the commissioner acknowledges and agrees to comply with all relevant legal standards and regulations.
The artist retains the right to showcase the commissioned artwork, as well as the accompanying text prompt from the client, in their portfolio and on social media.
Clients have the option to express a desire for anonymity in the submission form, and the artist will respect this request when showcasing the commissioned artwork and any accompanying information.
Refunds:
All commission fees are non-refundable. Once payment is made, it is considered final. Clients acknowledge that refunds will not be provided, even if they are dissatisfied with the commissioned piece. It is the responsibility of clients to thoroughly review the artist's portfolio and communicate preferences before engaging in a commission to ensure satisfaction with the final result.
Paid subscribers on âTapir Tuesdayâ are not eligible for redraws or revisions beyond the initial commission delivery. All clients, whether they have made a purchase or not, are subject to the same rules and policies.
Wow you read all the way? Thank you!
I donât think anyone else has gotten this far. Thank you!
I guess hereâs the place to say it, since everyone else is gone: Every time someoneâs commissioned either one of my OCâs or a character Iâve drawn over 100 times, I give them a treat.
This means I give them a steep discount on premium membership and comped their subscription for a few months. Itâs how I say thanks for being asked to draw what I love
Iâll say it one more time
All communication related to the commission must occur during the initial request phase in the provided submission form.
Any request for a redraw or correction of completed art is grounds for an immediate ban.
Outside of the 30 minutes I'll spend drawing your picture, your request does not exist to me.