Terms of Service

These are the terms and agreements for the services of MangoPopArt, between MangoPopArt (“the artist”) and the customer (“the client”). This Agreement covers the initial, ongoing, and final communication of paid work of digital or traditional art (“commission”). Please read them carefully. By continuing on after reading these terms, you hereby acknowledge and agree to them.

Clients must be of legal age (18 or older) in order to request a commission from the artist. MangoPopArt will not associate nor service with minors or children.

If you do not agree with the Terms of Service, you may stop communication with the artist about such agreement.

This Terms of Service document may be updated or changed at any time, with or without acknowledgement to the end user.

General Terms

By purchasing my art services, you automatically agree to the following conditions. Please read this entirely and carefully. I will deny your request if I see you didn’t read this. If there are any questions or concerns email me at [email protected]

Any statement can be bound to change if discussed with me, the artist, prior to the commission.
All drawings may or will include a watermark that you may not remove.
I may livestream the drawing process and save the vod to my Twitch or YouTube.
Prices are subject to change based on demand.
I have the right to reject any order that I do not feel comfortable drawing for any reason.

Communication

MangoPopArt is a business and communication should be kept primarily professional at any time. The artist will request one or more forms of communication in order to communicate with the client before, during, and after the commission has been completed. One of such requests may be of a valid email address, social media outlet(s), etc. in order to deliver the commission in its higher quality.

If for any reason the client ceases communication with the artist for a prolonged period of time, it will be assumed that the client no longer wishes to continue with the commission with the artist. If this is the case, the commission request will be dropped and, if possible, the payment will be returned if payment has already been sent.

This term does not apply if the artist has not messaged the client for an extended period of time. MangoPopArt may sometimes go a long period without communication but, if the client continues to actively communicate when messaged by the artist this term does not apply to the client. If the client fails to message MangoPopArt back after having sent multiple messages after a period of no communication, then this term is applied.

The artist and the client may have an online alias that they prefer to be spoken to as (i.e. in place of their real names). If the name of that alias is unclear, the artist will ask the client for the alias that they prefer to be used.

Artist

The artist reserves the right to refuse any and all types of commission for any reason. A commission will not be forced upon the artist by the client, or any of their affiliates, by means of blackmail, doxing, or the spreading of misinformation for the purpose of ill will. If such an attempt occurs, the artist has the right to refuse any future communication and business with the client in question.

If “artistic liberty” is requested, the artist may work on the commission in any way they see fit. If a theme or specific feature is requested the artist will make their best attempt to keep the commission with the specified conditions, as everything else will be dependent on the artist.

All commissions will be scheduled with the client. The artist will attempt to stream all commissions, though some are done off stream. Some commissions might take longer then one stream, if this occurs MangoPopArt will select another day to schedule with the client so that the art may be continued. Stream dates can sometimes be weeks a part so please keep this in mind before commissioning.

Usually only larger projects will take multiple streams (Refs, dakis, comics, illustrations, etc).

The client may suggest changes to work throughout the 3-4 stages (sketch, lines, color and render) of the process, however, after each stage, once it is approved the artist retains the right to deny further changes without additional fees. For example Once the line art is finished and approved by the client the color stage begins, additional fees will be charged to edit the previously approved lineart. If the client is unsatisfied with the final commission after approving it previously, the artist reserves the right to deny any more changes to the clients final product, or charge additional fees for any changes wanted after finish. For instance, if the commission work had a high level “finish”, and the time and effort to adjust the commission would be more work than what was paid for, the artist has the right to refuse to make the change, or add an additional fee.

If the reference provided is unclear to start with, changes will come at an extra charge regardless.

By commissioning MangoPopArt, you’re purchasing my artist labor only. I retain all copyrights over my work, which include but are not limited to the right to distribute, reproduce or use the image as a sample for sales/self-promotion, unless otherwise agreed upon.

I will respect your request to not publicly post your commission. No explanation necessary.
I cannot claim the Intellectual Property or reuse/resell the image for personal and/or commercial projects. Unless agreed upon. Though I reserve all rights to use all commission work for current and future art books, though you may request to be untagged.
I reserve the right to reject your commission proposal without question. This includes if you did not follow the rules for said order.
I reserve the right to modify and resell any rejected sketches as “pre-posed” at a later date.

If you break the copyright infringement in any way, every right you had to the drawing will be retracted.

Client

The client may upload the work done for them to their social media(s) as long as it is credited and linked back to any of the artist’s socials. Once a piece is commissioned, you may use it for any personal use, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display.

You retain the rights to the IP.
You may not claim the work to be your own, edit or set it up for redistribution. You may not use it for any external projects, commercial or non-commercial, unless agreed upon.
You may resell it for the price you purchased it with as long as it’s not for reproduction such as prints, t-shirts, mugs, charms, etc.
If you are looking for something to redistribute, reproduce, use for your project(s), as an ad, for a video, to resell at conventions etc. Speak to me for information on royalty fees or commercial agreements. If you are not sure whether your request counts as personal, feel free to ask me about its intended use.

These terms apply to artwork outside of commissions too, such as pre-made designs bought via auctions, flatsale, etc.

Commission Guidelines

MangoPopArt will only accept commissions of characters that the client has proper rights to. If there is doubt that the client is using a character who does not have proper rights, and does not express documented permission of use by the owner, the artist will not continue with a requested commission. Fan characters that are based on that of an already protected franchise (Ex: Pokemon, Digimon, Legend of Zelda, etc.) Are accepted though the artist has all rights to refuse a character without question.

Certain controversial topics or depictions will not be accepted at the artist’s discretion. These topics include but are not limited to: Sexual violence, watersports/scat, diapers, pedophilia, necrophilia, bestiality, incest, racism, and homophobia.

If you’re not sure if I’d accept your idea, please elaborate on your request privately.

Procedure

Preface: You understand that MangoPopArt is not working with only your priorities in mind. They may take steps that are time consuming and slow, as well as travel to conventions for work from time to time. This can take up weeks of there schedule at times depending on the season, so please do not commission them if you are looking for fast and timely work. Unless stated as a same day in stream commission. Commissions may not get done in a queue order. They are scheduled once a price is agreed upon, and then again after the initial stream if the commission isn’t finished in one sitting. Other commissions may get done first due to being easier or confidently able to be done quickly. But, rest assured, you will always receive a finished product.

After payment is received and your day comes up: A stream will start if we are streaming, I sketch, color and/or paint depending on your commission type, while you watch and give live edits or approve of WIPs. You will receive a WIP for each stage (sketch, lines, etc)
I will notify you when I have started on your commission and you, therefore, lose the rights to a full refund (see further below for more info on refunds)
“Description only” commissions are not accepted unless you are commissioning a custom. Otherwise at least one visual reference must be provided. Can be a rough doodle, does not need to be a full ref sheet!
• While working on your commission I will send WIPs (work in progress) for you to review and approve before continuing.
• Sketch commissions may not have an approval stage. You may request minor tweaks if any distinguishing features present in your reference are missing from the sketch.
• For larger, full color commissions, up to three edits are allowed to be requested during the WIP (work in progress) phases of the piece. I reserve the right to add a fee over any edits after the initial three have been passed.
• Please be clear and concise in your description of the change(s). You can use other works and photos you like as references for the changes!
• Please, let me know if I have made any mistakes. Anything that needs to be fixed on my mistake, as it was on your reference(s) and I missed it, will always be fixed for free.
• At least one full size, digital image will be given once the commission has been finished. It is necessary that you use a watermarked/resized version of the image before sharing publicly.
• Note that there is no physical product unless agreed upon printing prior to accepting the commission.

Transactions and Pricing

MangoPopArt currently only accepts commission work through Square invoices (USD), as it is simple to use, secure and I do not like PayPal. After the final details of the commission are discussed, the artist will ask for an email address to send a commission invoice or directly link you to their Ko-fi, depending on the commission type.

If a payment can not be paid, the artist may keep the client in their queue depending on commission type, however, the client’s artwork will not be delivered until the amount agreed upon is paid in its entirety. If a client is unable to pay and the commission requested requires up-front/full payment, the client will be denied and removed from the queue.

Don’t send me any payment before I have agreed to give you a slot and requested you to send me the payment.

While the artist does allow payment plans on larger commissions upon prior discussion, no art will be started until the invoice is paid in full. The artist does not do work “for exposure,” by any means of the definition.

If the commission requested involves a complicated design of a character or a scene that requires more time than is usually expected, or if the client requests an expedited delivery, the artist reserves the right to raise the quoted price as they see fit.

Refund/Cancellation Policy

The client is not allowed a full refund once I have started working on the commission. If for any reason the artist is unable to finish the client’s commission and needs to cancel on their own accord, the client will receive a full refund. If for any reason the artist is unable to start the client’s commission the client will receive a full refund. If the client cancels their order before being started they can receive a full refund.

If a client wishes to cancel midway through a commission they may receive a partial refund depending on how finished the commission is.

If you are getting a refund, do not request a chargeback. I will transfer the money back to you myself.

If you request a chargeback at any point when you were not allowed to ask for a refund you will lose all aforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply with my Terms of Service and our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.

If the buyer breaks any of the points stated above they will lose all the aforementioned rights to the artwork commissioned by MangoPopArt and I will have the right to profit further from the commissioned artwork in any way I see fit. If you have a problem with any of these statements, they may be changed if discussed with me prior to paying your commissioned piece.

Privacy Policy

During the ongoing communication between the artist and the client the artist may request a valid email address, which is needed in order to complete a transaction. This email may disclose personal information, such as a real name, in the case which aliases are used instead, and possibly the home address of the client. This personal information will not be disclosed to third parties, and, unless otherwise deemed necessary, will be discarded at the conclusion of the communication of the commission. This personal information will not be used to geolocate or personally identify the client and will be used strictly for the purpose of sending commission work via email (or in possible cases, where offered by the artist, postal service), and receiving payments from the client via Square. When sending payment to the artist, information other than their given alias will not be disclosed, such as personal name and city of residence. This information is sensitive and shall not be disclosed to third parties. In the case of using postal service to deliver goods, an address of both parties may be discussed. This information is sensitive and shall not be locally recorded in plans of future use, whether for positive means or with malicious intent.

The artist, MangoPopArt, uses a calendar app service to allow clients to schedule their commission on the day that works best around there schedule, in the artists queue. The artist will upload WIP (work in progress) images, references, and details about the commission in order to keep track of the artist’s progress. This queue is available to public viewing and anyone with access is able to view this content.