Acceptance of Terms and conditions

By checking the “I have read and agree to these Terms of Service.” checkbox at the end of these Terms or when requesting a quote or by sending payment, the client acknowledges and accepts without limitation or qualification these terms and conditions. The Artist, Morgan "Morgue" McLamb, may revise these terms of use at any time, which revisions shall bind the client. Any revisions made will not affect clients whom accepted previous terms and conditions. All questions about the terms and conditions should be addressed directly to the artist at TheOssuarium@gmail.com before accepting the terms and conditions. If a client does not wish to be bound by these terms and conditions, they should not request a commission from Morgan "Morgue" McLamb.

All Content is Protected by Copyright Laws

All content created by Mister Morgue is owned by the artist, Morgan "Morgue" McLamb, and protected by copyright laws. The artist retains all rights it may hold, including copyright, in data, image, text, and any other information contained. Copyrights and other proprietary rights in the material may also subsist in individuals and entities other than, and in addition to, the artist. The artist expressly prohibits the copying of any protected materials, except for the purposes of fair use as defined in the copyright laws.The artist retains all copyrights over all commissioned artwork, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The client retains all rights to any respective characters, but this does not allow the client rights to the commissioned artwork.

Commercial Use is Restricted

The artist will provide the client with two versions of the commission upon completion:
1. “Private Version”: The original full-sized, high-resolution digital copy of the artwork without the artist’s logo/website watermark.
2. “Public Version”: A smaller, lower-resolution digital copy of the artwork with the artist’s logo/website watermark.Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending, or storage in any retrieval system of the materials for any purpose other than fair use as defined by law is prohibited without the consent of the artist. The client may not commercially distribute commissioned artwork, but can create up to three prints of the artwork for personal use, such as for private display.The client may upload the “Public Version” of the commissioned artwork to a personal website or gallery, but credit to the artist must be publicly displayed with the artwork and the artist’s signature and logo/website watermark must remain visible and readable on the artwork. Removal of any digital watermark, proprietary notices, or accompanying text that may be included on or with the image is prohibited. The “Private Version” of a commissioned artwork must not be uploaded in any format or posted publicly in any way.The client may resize or crop the artwork to create digital icons, wallpapers, or other graphics to be used in non-commercial digital format, but the client cannot alter the artwork itself. The client may not modify any of the content and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or content created by the artist. The Client may not profit from the artwork beyond the resale of a physical, original, traditional media artwork. This includes the sale of digital files or rights to the image.Image rights can be negotiated for an additional fee of 200% the commission’s price.

Certain Subject Matters are Refused

The artist reserves the right to reject any commission request or refuse service to a client for any reason without explanation, even if similar work was done in the past.The artist refuses to work with the following subject matters:

  • Anthropomorphic/Anthro animals/Animals

  • Mecha & Heavy Armor

  • Heavy Muscle

  • Pornography/NSFW/Extreme Fetish

  • Extreme violence/gore

  • Illegal activities

  • Underage/Loli/Shota characters

  • Hate/Offense/Discrimination, etc.

Clients are Responsible for Clear Communication

The client will not discuss a commission with a client in a public format. All communication regarding commissions should be addressed to the artist through email at TheOssuarium@gmail.com or through another private messaging service. The artist is responsible for responding to client communication within three business-days and expects clients to uphold the same responsibility.If a client does not respond to communication from the artist for at least one month’s time, the client forfeits the commissioned artwork. The artist retains all copyrights over all commissioned work, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The artist may complete or not complete the work, use the work for another client, or sell the work.Clear and concise visual references and a description of the commission details must be provided by the client in order for the artist to provide an accurate preliminary quote. Visual references of characters must be up-to-date. Any changes made to characters after work on the commission has begun can be addressed in the artwork for a fee of $20 per hour. It is the client’s responsibility to utilize proper English in order to ensure communication with the artist. The artist is not responsible for mistakes due to miscommunication on the client’s side.

Payment Must be Received Before Work Begins

Advertised base prices are subject to change on an individual basis according to the complexity, difficulty, size, and medium of each individual piece. Clear and concise visual references and a description of the commission details must be provided by the client in order for the artist to provide an accurate preliminary quote. If at any time, the work extends past the details initially provided by the client, a new quote will need to be negotiated.All commissions priced under $100 must be paid to the artist in full upfront. Any commissions priced $100 or more are eligible for a payment plan upon client request. In the case of a payment plan, a $100 non-refundable deposit must be paid to the artist upfront.The artist will not begin working on a commission until payment has been received from the client. In the case of a payment plan, the artist will work on the commission as payments are received from the client:

  • Once the $100 non-refundable deposit is received from the client, the artist will begin the planning stage of the commission.

  • Once 25% of the commission price is received from the client, the artist will proceed to the sketching stage of the commission.

  • Once 50% of the commission price is received from the client, the artist will proceed to the lining stage of the commission.

  • Once 75% of the commission price is received from the client, the artist will proceed to the coloring stage of the commission.

  • Once 100% of the commission price is received from the client, the artist will proceed to the completion stage of the commission.

In the case of paying using PayPal, the artist will cover any and all possible fees and expenses required by PayPal. The commission may also be paid using the website Ko-Fi, which is a site that can be connected through PayPal.

Cancellation Does not Guarantee a Full Refund

The artist reserves the right to reject any commission request or refuse service to a client for any reason without explanation. The artist also retains the right to cancel a commission at any time for any reason. Upon cancellation of a commission by the client, the artist will retain all copyrights over all commissioned artwork, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. Upon cancellation of a commission by the artist, the client will be refunded any and all payments and expenses previously paid to the artist.A client may cancel a commission at any time for any reason. Upon cancellation of a commission by the client, the artist will retain all copyrights over all commissioned artwork, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The artist retains the right to use any cancelled work for other commissions or personal works.Upon cancellation of a commission by the client, the client will be refunded any payments and expenses previously paid to the artist according to the amount of work and expenses previously expended by the artist. In the case of a payment plan, the $100 non-refundable deposit will not be refunded to the client. Any and all possible fees and expenses required by PayPal paid by the artist are non-refundable to the client.

  • If the commission was cancelled by the client before or during the planning stage, 100% of payments and expenses previously paid to the artist by the client will be refunded, excluding the payment for media materials, PayPal fees, and a deposit, as stated above.

  • If the commission was cancelled by the client during the sketching stage, 75% of payments and expenses previously paid to the artist by the client will be refunded, excluding the payment for media materials, PayPal fees, and a deposit, as stated above.

  • If the commission was cancelled by the client during the lining stage, 50% of payments and expenses previously paid to the artist by the client will be refunded, excluding the payment for media materials, PayPal fees, and a deposit, as stated above.

  • If the commission was cancelled by the client during the coloring stage, 25% of payments and expenses previously paid to the artist by the client will be refunded, excluding the payment for media materials, PayPal fees, and a deposit, as stated above.

  • If the commission was cancelled by the client during or after the completion stage, 0% of payments and expenses previously paid to the artist by the client will be refunded.

Videos are not Guaranteed, but Permitted

The artist retains all copyrights over all commissioned artwork, including, but not limited to, the rights to use the artwork in print, video, display, advertisement, and merchandising in data, image, and text. The artist is permitted to livestream videos of the progress of commissioned artwork or create time-lapse or other videos of a commissioned artwork, but is not required to do so. The client is permitted to request the artist to livestream videos of the progress of commissioned artwork or create time-lapse or other videos of a commissioned artwork for an additional fee.

  • Time-Lapse Video: 25% of the commission’s price will be required as an additional fee.

  • Livestream Video: 50% of the commission’s price will be required as an additional fee.

Revisions are Permitted

Clients are permitted to request revisions to the commission as stated in these Terms and Conditions. If at any time, the work extends past the details initially provided by the client, a new quote will need to be negotiated.

  • During the planning stage of the commission, the client and the artist will negotiate the details of the commission. The client is permitted to request three free revisions to the commission during the planning stage of the commission. Any additional revisions are permitted at $20 per hour.

  • Before the lining stage of the commission, the client will be provided with a sketch of the commission. The client is permitted to request two free revisions to the commission after the planning stage and before the lining stage of the commission. Any additional revisions are permitted at $20 per hour.

  • After the completion stage of the commission, the client will be provided with a digital image of the completed artwork. The client is permitted to request one free revision to the commission after the completion stage of the commission. Any additional revisions are permitted at $20 per hour.

  • During any stage of the commission, the client is permitted to free revisions to the commission due to artist error.

Blacklisting

A client will be blacklisted from future commissions of artwork if the artist feels the need to do so. This can be done for any reason the artist deems appropriate, and will not be disclosed or discussed to protect both the client and the artist. Reasons for blacklisting a client include, but are not limited to:

  • Commissioned art being edited outside of listed parameters without permission of the artist.

  • Selling of commissioned art in any way without permission of the artist outside of the parameters listed in these terms.

  • Commissioned art being used to harm others in any way.

  • If the client harasses the artist, or has a history of harassing others.

  • If the client charges back their payment for the Commissioned artwork.

Updated: March 12, 2023