Effective: April 13th, 2015
Archive of Previous Terms
Welcome to ArtCorgi!
ArtCorgi is a property of Gigaverse, Inc., a company designed to help freelancers build sustainable careers.
ArtCorgi’s mission is to make it easy for you to discover and commission original work from up-and-coming artists. We aim to deliver all of the fun and fulfillment that accompanies being a patron of the arts without any of the hassle, ambiguity, and uncertainty that plagues those who approach artists independently.
By accessing ArtCorgi.com, reviewing our content and artists’ work, and/or purchasing work through our site, you confirm that you agree to the terms of the agreement, which are outlined below. This agreement is between you and ArtCorgi (aka “us” and Gigaverse, Inc.).
It should be noted that some of these terms are required to help protect us from crazy litigious people and keep the government happy. As members of the online community we are committed to not act against the value system of our community when push comes to shove. If you have any questions or complaints about these terms, please let us know.
Qualifications for Using Our Site and Purchasing Work from Artists
You are eligible to use ArtCorgi if:
- You are 13 or older
- You have read our Copyright Policy
- You have read and agree to the terms of this agreement
You grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish any content (such as reviews) you post on the site. This license exists only for as long as you choose to continue to include this content on our site and will terminate as soon as you remove it.
Unless you upgrade to a different licensing option (a feature some artists on ArtCorgi offer), you will be given a worldwide, fully-paid, royalty-free, non-exclusive, non-transferable, non-commercial, perpetual license with the right to reproduce, distribute, transmit, create derivative works of, and publicly display art you commission through ArtCorgi for personal purposes. You may not use samples of work provided by artists on our site without first gaining their permission. Unless you purchase a commercial license or full copyright to your art, you may not use art you have commissioned through ArtCorgi for commercial purposes without first obtaining permission from your artist. If a particular commission style you are interested in using for commercial purposes does not offer up-front licensing upgrade prices, you are welcome to contact us directly to obtain quotes for special licensing agreements from the artist associated with that style.
Conditions of Sale
You are eligible to purchase art through ArtCorgi if:
- You agree to submit full payment for original artwork upfront.
- You agree to provide us with a working email address and receive drafts and final versions of artwork via email (this may require checking your spam folder if you do not immediately hear from us after placing an order).
- You agree to provide feedback on your artist’s draft via email.
- You acknowledge that you cannot request an artistic style different from the style presented in a given artist’s sample image(s) unless that artist accepts special requests and is willing to negotiate a unique contract with you.
- You acknowledge that if you commission work from an artist as part of a special request, you are responsible for setting your own terms and that your experience will be less predictable.
- You agree to provide reference photos and informative notes for your artist to use when creating your commission.
- You will only request subjects in commissions that the artist has listed as approved subject options (subject options, such as just the heads of two figures, or up to five dogs, are listed on each product page).
- You are willing to share what your primary use of the commission will be, so that your artist will know what orientation (portrait, landscape, square, etc.) to use with your commission.
- You are willing to let us publish drafts and final versions of your commission on our site for you to review (we can make your review pages password protected at your request).
- You acknowledge that the quality of the art you receive through ArtCorgi depends to a great extent on the quality of the reference photos and direction you provide, and that the quality of your work will suffer if you do not provide high quality reference images and clear, specific, and explicit direction.
- You acknowledge that you will only be able to give feedback on one rough sketch provided by your artist, and that you are comfortable giving your artist creative control (so long as he or she creates work in the style and of the quality of the sample(s) he or she presents on ArtCorgi.com).
- You acknowledge that payment for original work through our site is nonrefundable unless the final work is never created, does not meet our standards (outlined below), or is late.
- You acknowledge that within 48 hours of your purchase, your artist may turn down your order (if this happens, you will receive a full refund, or, if you like, we will help you find another active artist’s work).
We offer commissions based on very specific artist samples to ensure you receive the type of work you expect. If you are given commissioned art that does not meet our quality standards, you may submit a dispute and receive a full refund.
Our Quality Standards
When you order a commission based on an artist’s specific sample, you can expect to receive art in return featuring:
- The subject(s) you provided in the form of reference photos (so long as they are in line with the subject options shown on your artist’s commission sample page).
- Work in the style of the sample you selected.
- Work in an orientation (portrait, landscape, square, Facebook cover photo-friendly, etc.) appropriate for the primary use you selected.
- Work featuring detail and quality equivalent to the samples associated with the commission style you selected.
When you order a commission as part of a special request, which involves establishing unique terms with an artist and communicating with him or her directly via email to direct your commission’s creation, you will have a far less predictable experience and can only expect to receive work that meets the requirements of whatever agreement you establish directly with your artist.
If your commission is not completed and delivered within your artist’s listed turnaround time for the style you selected, you have the option to cancel your order and receive a full refund at any point before the final work is delivered. Keep in mind that turnaround time does not include days spent awaiting responses from you (for example, if you wait three days before giving feedback on an artist’s rough draft, those three days will not be counted as part of your artist’s turnaround time). If a final work is delivered late, but you never canceled the order, you cannot ask for a refund unless the work does not meet ArtCorgi’s quality standards.
Conditions for Refunds
We do not provide refunds if you are unhappy with the final piece you receive. Artists spend significant amounts of time to create original work, and so long as they deliver what they promise (i.e., work that meets our quality standards), they deserve to be paid.
That said, if you make a purchase through our site that was associated with our satisfaction guarantee, you may receive a free second commission if you are not pleased with the final version of your order. Our satisfaction guarantee does not apply to all commissions on ArtCorgi. It only applies to commission orders in which you can see a “Satisfaction Guaranteed” image by the commission description fields that must be filled out prior to placing an order. You can read through the full terms of our satisfaction guarantee program below.
You will, however, receive a full refund if:
- Work you ordered is never delivered.
- Work you ordered does not depict the subjects you submitted via reference photos (so long as those subjects were on the list of approved subjects provided alongside the sample you selected) and you notify us of the problem via our quality assurance page (https://artcorgi.com/quality/) or the message through which we deliver your final work of art within 48 hours of your work’s delivery.
- Work you ordered does not present the artistic style of the commission sample you selected and you notify us of the problem via our quality assurance page or the message through which we deliver your final work of art within 48 hours of your work’s delivery.
- Work you ordered is not in an orientation (portrait, landscape, etc.) appropriate for the primary use you selected and you notify us of the problem via our quality assurance page or the message through which we deliver your final work of art within 48 hours of your work’s delivery.
- Work you ordered does not feature the same level of detail or quality shown in the commission sample you selected and you notify us of the problem via our quality assurance page or the message through which we deliver your final work of art within 48 hours of your work’s delivery.
If your commission was created as part of a special request made of an artist, you will only be refunded if your artist fails to deliver the final work or if he or she fails to adhere to the terms you set in your customized agreement and you notify us of the problem via our quality assurance page within 48 hours of your work’s delivery or established deadline. A special request commission is not under our jurisdiction unless we actively participated in the creation of your unique contract.
Whether work you ordered does or does not adequately depict your subject(s), the style, level of quality, or level of detail presented in the sample selected will be determined by a panel of at least five other artists who provide work on our site. We defer to the opinion of artists rather than ArtCorgi staff as artists within our network have a stake in our site’s reputation, but not our general profits (or those of the artist in question). Our network of artists will only review quality disputes, not all work that is delivered through ArtCorgi.
If you do not submit a quality dispute for review on our quality assurance page within 48 hours of your work being delivered, we cannot provide a refund.
You may cancel a commission order after receiving a rough draft if you notify us within 48 hours of receiving that draft.
You will be refunded 50% of the commission’s original list price should you choose to not receive a final draft. The funds we retain will cover transaction fees, the draft work done by your artist, and ArtCorgi’s services.
Our Additional Draft Review Policy
You may request additional revisions to a work of art once it is finished, however they may be associated with an additional cost.
Artists provide up-front prices on ArtCorgi based on the assumption that they will only go through one round of review, and as additional rounds of edits take additional time, most artists need to charge for those added edits. The price of a revision will depend on how complex the requested revision is, hence we will need to obtain a unique quote from your artist if you would like an additional revision to be made. You are free to accept that price and pay an additional amount to have that change made or decline that price and accept your commission as is.
When requesting (and if necessary, purchasing) additional rounds of revision through ArtCorgi, you acknowledge that each round of revision is limited to one exchange: the delivery of your feedback and the delivery of your artist’s revised final piece. If you want further edits to be made after receiving a revised final piece, you may need to pay for an additional round of review. With this being the case, you acknowledge that it is your responsibility to give your artist as much specific detail as possible to ensure that he or she has the information needed to revise your work of art to your satisfaction.
In some instances, we offer a satisfaction guarantee, through which you can request a replacement commission if you are not satisfied with the original work of art you receive.
The presence of our satisfaction guarantee is indicated by a banner or image bearing the words “satisfaction guarantee” on a particular commission style page or within a specific order flow. If a commission style page or order flow does not feature our satisfaction guarantee image on it, this guarantee will not apply to your order.
You may ask for your final commission to be replaced if:
- You commission art through ArtCorgi that is paired with a satisfaction guarantee.
- You make your request within 48 hours of receiving your final commission.
- You request your replacement commission by responding directly to the email or message through which ArtCorgi delivers your final work of art.
- You have not already received a replacement commission from us.
Conditions of the Satisfaction Guarantee:
- If you request a replacement commission, you will not receive a final version of your first commission (you will only be given a preview featuring a watermark).
- If you decide that you want a final, watermark-free version of your first commission after being given a replacement commission, you must pay the full price for that original work of art.
- Your replacement commission must cost no more than the original commission you ordered.
- The total cost of your replacement commission may not exceed $100.
- If you request a replacement commission, we will give your artist the option to offer a free additional revision round for your original commission. Should you choose to accept your original artist’s offer and have your final commission revised at no additional cost, you agree to forego the option to receive a replacement commission.
- You can only request a replacement commission once. If you do not like your final replacement commission, you cannot request another.
- If you have already been given a replacement commission, you cannot request replacement commissions for future pieces, whether or not they are sold with satisfaction guarantees.
Through our referral program, you can earn 20% of the list price of any art commission sold through ArtCorgi by sending prospective customers to our shop using your referral link.
You will only earn 20% of a commission’s list price if a customer’s purchase is associated with your unique referral ID. For this to happen, you must create an account with ArtCorgi, sign up for the referral program (which you can access at artcorgi.com/referral-program), send prospective clients to ArtCorgi.com using a link with your unique referral ID attached, and direct them to purchase a commission from a specific artist through our shop (artcorgi.com/shop/).
ArtCorgi’s referral program does not extend to the sale of prints or special ArtCorgi services.
Payment of referral program earnings is delivered via PayPal to the email address associated with your user account on a monthly basis, within two days of the 28th day of each month. If you wish for your referral program earnings to be sent to a different PayPal address, you must contact a member of the ArtCorgi team directly and ask for the address to be changed.
ArtCorgi’s Rights and Responsibilities
At any time, for any reason, and without notice, ArtCorgi may:
- Remove artist profiles.
- Delete customer accounts.
- Change list prices of available commissions.
- Access, preserve, and share your account and profile information in good faith belief that doing so is necessary to: enforce our Terms of Service, comply with a legal process, respond to a customer service inquiry, execute the general purposes intended by this website, respond to a third party’s claim that you have violated their rights, or protect your rights and safety, or the rights and safety of ArtCorgi, its members, its visitors, or the general public.
- Take any actions (be they legal, technical, superhuman, or other) necessary to enforce this agreement.
- Modify this agreement.
ArtCorgi is responsible for:
- Updating product listings through which art is commissioned.
- Providing art that you have commissioned in the manner we promise to provide it at the time of your purchase (which is stipulated on the product page for each commission style).
- Guarantee that the website will always be running without interruption.
- Guarantee that the website will be accessible via all devices, service plans, and geographical areas.
- Guarantee that work you commission through our site will meet our standards (if it does not, you will be issued a refund per our refund policy, which is explained above).
- Verify that artists on our site are who they claim to be or are as skilled as they claim to be. (We strive to be as accurate as possible when vetting artists we feature within our network, but can only vouch, to the best of our ability, that they have shown themselves to be trustworthy in our dealings thus far. Artists who prove to not be who they say they are, or who overstate their skills, will be removed from our network).
Your Rights and Responsibilities
Your Rights on ArtCorgi.com
On ArtCorgi.com, you can:
- Access our website.
- Browse through product listings.
- Browse through our blog and other site content.
- Commission original art.
- Sign up to sell original commissions through our site.
- Terminate this agreement by closing your account (should you have one) and ceasing to visit ArtCorgi.com.
Your Responsibilities on ArtCorgi.com
It is your responsibility on ArtCorgi.com to:
- Review our Copyright Policy (accessible here: https://artcorgi.com/copyright/).
- Notify us of security breaches.
- Comply with all applicable laws.
- Safeguard your account and your password.
- Notify us of unauthorized uses of your account.
- Not engage in activities that are not permitted on ArtCorgi.com, which are conveniently described below, and which would constitute a violation of this agreement.
Actions Not Allowed on ArtCorgi
On ArtCorgi.com, you cannot:
- Use this site to engage in any activity harmful to ArtCorgi or others.
- Link (from comments, reviews, or other content added to the site) to pages containing viruses, spam, Trojan horses, malware, or other harmful content or software.
- Harass another person on our site (this includes publishing personal attacks anywhere on the site as well as sending unwanted messages).
- Upload or post content that is abusive, sexually explicit, libelous, fraudulent, tortious, or an invasion of another’s privacy
- Violate intellectual property rights.
- Violate any laws (this includes but is not limited to: sharing information on ArtCorgi.com that is confidential, proprietary, or may count as libel, that might violate export controls, property, or tax laws, or that goes against other regulatory requirements)
- Utilize automated processes to access, make orders through, or post content on ArtCorgi.com.
- Simulate the appearance of ArtCorgi.com elsewhere online via methods including but not limited to framing and mirroring
- Delegate your rights and responsibilities in this agreement to someone else.
Limitation of Liability
ArtCorgi is not cumulatively liable for any damages in excess of the fees you have paid for our services.
You agree to hold harmless and indemnify ArtCorgi against any and all damages, expenses, claims, liabilities, or losses related to your use of the site and our services.