Terms of Service

This document is subject to change at any time. Last edited March 26th, 2023.

By commissioning me (henceforth referred to as "the artist", "SCUMSUCK", or "SKUMSUCK") , you (henceforth referred to as "the commissioner" or "the client") agree to the terms and conditions stated within this document. The commission discussed within this document is for personal use only, and does not come with a commercial use license unless discussed with the artist.

A commission includes a digital 300 DPI png or jpg file of the art, unless otherwise stated. This will be delivered via an email or Google Drive folder. Layered files (such as PSDs) are not included, unless otherwise stated.

If the art is drawn in traditional format (such as pen and ink), the client may request that the artist deliver the original physical piece via USPS shipping. This may incur an additional mailing fee on top of the commission price.

Commission requests will typically be responded to within 1-4 business days, excluding Saturday and Sunday.

Commissions may take anywhere from 3-21 days for smaller commissions under $100, or up to several months for larger pieces over $100 (such as paintings or any commission that includes a coloring phase). Please message the artist for current, up-to-date time estimates.

The commissioner may expedite the ordering process by responding quickly to questions, and providing feedback and approval on a timely basis.

If the art requires a deadline of less than 14 business days, this must be dicussed prior to the start of the commission. An deadline of less than 14 business days may incur a rush fee.

The artist retains all rights to all drawings the artist draws for private commissions.

Artist's rights may include:

• Reproducing the own art for a portfolio
• Posting the art on social media
• Selling printed reproductions of the art.

The commissioner retains all rights to their intellectual property and original characters. The artist will not sell reproductions featuring other people's characters without their explicit consent.

If the commissioner 1) does not wish for the commission to be posted publicly online 2) wishes to remain anonymous, or 3) does not wish for the art to be reproduced in print, they must alert the artist before the commission is completely approved. There may be an additional fee for commissions that will not be posted publically.

Commissioner's personal use rights include:

• Using the art as an icon, banner, or in a gallery page.
• Reposting a commission online if they credit the artist as @skumsuck on social media, or by linking to the artist's webpage at scumsuck.com.
• Reproducing the art in physical form for personal use, such as on single pieces of phone cases or art prints.
• Making minor edits to the art on their own time, such as resizing or drawing over the art. The artist takes no responsibility for the client's edits after the commission is done.

Commissioner's personal use rights exclude:

• Selling physical or digital copies of the art
• Using the art for commercial media, such as games, music, and movies.
• Using the art in relation to NFTs and generative machine learning models (AI)
• Printing the art as mass-produced merchandise.

The commissioner will not use the personal commission art for commercial purposes without purchasing commercial usage rights. "Commercial use" is defined as usage with "any fare, fee, rate, charge or other consideration", even if no gross profit is made.

Should the commissioner wish to use my art for commercial purposes or commercial media (such as album art, comic covers, and concept art), they must discuss a commercial license with the artist before the art is used for such purposes. Commercial rights will incur an additional fee.

"Mass-produced merchandise" is defined as more than one (1) item featuring the art that goes beyond personal use, such as selling stickers, shirts, charms, mousepads. The commissioner will not take money from anyone for any items created with the commissioned art. If the commissioner wishes to gift items to family or friends, it should be totally free and they shall not exchange money for any part of the process, nor shall they publically hold orders for the items.

✅ OK Example: The commissioner wants to print charms with the artists's commissioned designs for their own ita bag. They are free to do so, because they are not selling the goods to any other person.

✅ OK Example: The commissioner wants to print charms with the artists's commissioned designs for their friends. They ask the artist before the commission is finished to order 5 more charms. When the commissioner receives the charms from the artist, they gift the charms for free to their friends. They are free to do so, because they are not selling the goods to any other person.

⛔ NO Example: The commissioner wants to print charms with the artist's commissioned design for their group of friends. They are charging money for manufacturing and shipping, and they have a public form on social media for ordering the goods. This is not okay because there is a fee involved with the exchange of goods, and there is a public order form.

The commmissioner may not resell the artist's original artwork. This would also apply in cases such of adoptables and re-selling characters with art associated with the design. ​

The above lists of personal rights inclusions and exclusions are non-exhaustive and may be edited at any time. Please ask and discuss any questions about personal and commercial rights with the artist if you are unsure.

Payment is due upfront before the artist starts work on the commission. A commission that costs $75 or under must be paid in full before work is started.

Payment plans may be discussed for commissions that cost over $75. The artist and client will agree on a payment plan before work is started.

Prices listed on the artist's website are base prices and are subject to increase for any reason. Art with extreme detail (tattoos, armor, mech, floral elements) and backgrounds (props, rooms, and buildings) will incur a fee on top of the original price.

All payments are invoiced via Square invoices, unless otherwise discussed by the client and artist. Paypal may be used as a secondary option. The artist does not accept payment in cryptocurrency. Invoices are sent once the artist and client have agreed to a price quote, and the client has provided an email address.

The artist may cancel a commission for any reason, before or during the drawing process. In the case that the artist cancels the commission, the commissioner is entitled to a 100% refund. If the commissioner cancels the commission, they may receive a refund based on the progress of the art:

The artist works on a sketch approval process. The artist will not make major revisions to art past the sketch phase once the client has approved the sketch.

Major revisions may include:

Revisions are free if they are mistakes on the artist's part from misinterpreting a supplied reference image.

Free revisions may include:

The artist retains the right to decline any commission proposal for any reason. The artist is not required to explain a proposal rejection.

The commissioner must be over 18 in order to request and receive a commission. By requesting a commission, the commissioner is entering an agreement that they are indeed over the age of 18.

Commissioners that lie about their age will be blacklisted from future commissions, and have their purchase refunded if the art process has not begun. There are no refunds for commissions that have been completed.