Terms of Service

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.

Any new features or tools which are added to my website or other profiles 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. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my websites or other profiles. 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.

SECTION ONE - Basic Terms

Be sure to give a good description of what you are envisioning so that I have a good understanding of what you would like from me.

If I am unable to contact you for around 1 business week (5 days) your commission may be placed on hold.

I hold the right to turn down any commission requests that I am not comfortable with or do not want to do for various reasons. This will be determined on a case-by-case basis. I will refuse requests of any of the following content:

- Hateful/violent content,
- Magic, spiritism, and other related supernatural
- NSFW or sexual content,
- Religious depictions (also including holidays and birthdays)

SECTION TWO - Commission Process

The process of a commission consists of the following traditional steps: 

1 - Our initial contact and your request of a commission (such as through DM on Instagram), or
2 - Your completion of the Commission Request Form
3 - An upfront payment*1
4 - (After completion of the request) Access to the final product.

Until step 3, I am free to decline your commission request. After your order is completed along with your payment, I will begin the commission. All orders are created custom to purchase, thus they are final and non-refundable.*2 I have made every effort to display as accurately as possible the colors and images of my products that appear on digital platforms. However, I cannot guarantee that your device's display of any color will be accurate. 

SECTION THREE - Determination of Price

As of now, there is no set-in-stone standard for pricing. Pricing specifics will be determined on a case-by-case basis.

However, an average work will be priced at about $80 USD. This baseline price will vary depending on the content, style, and complexity. Any additional elements (backgrounds, other figures/characters, text, etc.) may be an additional charge. 

Please note that if you have a specific budget, we can always work from there to understand what I can do for you with your preferred price. 

I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

SECTION FOUR - Payment

*1 - All commissions must be paid 100% upfront, unless an exception is necessary and agreed upon. Payment is preferred to be through either Cashapp or Paypal. If you do not have access to either of these, then feel free to reach out, and I will do my best to work out an alternative with you. The process of payment goes as such,

- We decide on a set pricing for your request. 
- We establish a connection through Cashapp, PayPal, or another platform for payment.
- You pay 100% or agreed amount of the payment, and I begin the commission. 
- After the commission is completed, I will contact you and send a full-quality version of your work as a digital image. If you wish to have a tangible print, you may still receive a digital copy. 

SECTION FIVE - Accuracy of Billing and Account Information 

I reserve the right to refuse any order you place with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at my websites or platforms. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.

SECTION SIX - Refund Policy

As stated in Section Two, all orders are created custom to purchase, thus they are final and non-refundable.
*2  - If between the time you complete commission payment/before I begin your commission you wish to cancel your request, you may be eligible for a 50% refund. However, if I have already begun your commission (I will let you know when I start the commission, with photos proving this is the case if you desire) a 50% refund is no longer applicable. 

SECTION SEVEN - Usage Policy and Copyright

I, the artist, retain every copyright and reproduction rights of the produced drawing, not the commissioner. Therefore, I am free to use the copyrighted artwork however I please, be it for publishing on social media or selling physical copies of it. That being said, no rights of the original idea made by the commissioner will be claimed by me- that is to say, I will not take credit for your original concept. I, Red Tigress, retain all copyrights & reproduction rights of sold original artworks, prints, and custom commission paintings. Artwork may not be reproduced by any process without the artist’s expressed written permission. 

The sole exception of my own right to post and sell a commission is if the work involves the commissioner's own likeness (or the likeness of any non-famous individual). If the commission contains your face or is especially personal, then you may request that it not be published on social media or sold. Please note that this must be explicitly requested on the Commissions Information Form.

The commissioner may post their commission on social media only if they tag me, the artist, and provide proper credit when doing so.

Removing any watermark/signatures, altering the artwork, duplicate/sell or resell/ or whatever in progress content you may be sent, reproducing/using the copyrighted artwork commercially, and/or taking credit for the creation of the artwork at any point during or after the commission process, are all actions considered Copyright Infringement. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers or distributors. You may not use my products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your services.

SECTION EIGHT - Modifications 

Prices for my products are subject to change without notice.

I reserve the right at any time to modify or discontinue the commission (or any part or content thereof) without notice at any time.

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the commission will be corrected. (See package deals on my Fiverr for more information.)

SECTION NINE - Third-Party Links

Certain content, products and services available on any of my websites or social platforms may include materials from third-parties.

Third-party links on these sites may direct you to third-party websites that are in no way affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION TEN - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using my sites or other platforms or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION ELEVEN - Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my websites and platforms. It is your responsibility to check them periodically for changes. Your continued use of or access to my websites or platforms following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION TWELVE - Disclaimer of Warranties; Limitation of Liability

I do not guarantee, represent or warrant that your use of my services will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall I, the artist,  be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.

SECTION THIRTEEN - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either party. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my services, or when you cease using my websites and other profiles.

If I suspect that you have failed to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my services (or any part thereof).

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SECTION FOURTEEN- Privacy Policy

This Privacy Policy outlines how “The Art of The Red Tigress” collects, uses, discloses, and protects your information when you use services or interact with the website.

Personal information may be collected from you, such as when you make a purchase. The types of information collected may include:
Contact Information: such as your name, email address, mailing address, and phone number.
Payment Information: such as your credit card details or other payment information when you make a purchase.
Transaction Information: details about your purchases and interactions.
Communications: including emails or messages.
Other Information: such as shipping address or demographic information.

Information collected may be used for various purposes, including to:
Process your orders and provide you with the products or services you have requested.
Communicate with you, including responding to your inquiries and providing customer support.
Send you promotional materials, newsletters, or other marketing communications that may be of interest to you.
Improve products, services, and website.
Conduct research and analysis to better understand customers and their preferences.
Comply with legal obligations or enforce terms and policies.

The security of your personal information is taken very seriously, and there has been implemented appropriate technical and organizational measures to protect it against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and absolute security cannot be guaranteed.

We may disclose your personal information to third parties in the following circumstances:
With service providers who assist us in operating our business and providing our services, such as payment processors, shipping partners, and marketing providers.
In response to legal requests or proceedings, such as court orders or subpoenas.
To protect our rights, property, or safety, or the rights, property, or safety of others.
In connection with a merger, acquisition, or sale of assets.

You have certain choices regarding the collection, use, and disclosure of your personal information:
You have the right to restrict use of personal data collected for providing services. Only information necessary for the use of providing successful services are ever collected. If you choose to restrict your personal data, services received by “The Art of the Red Tigress” may be limited, or you may be turned down from use of services. 
You can update or correct your personal information.
You can request access to or deletion of your personal information.

This Privacy Policy may be updated from time to time to reflect changes in practices or applicable laws. Please check this privacy policy regularly as changes may be made. 

By using our services or interacting with our website, you agree to the terms of this Privacy Policy.

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SECTION FIFTEEN- Entire Agreement

The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by me on this document or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.