Terms of Service

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CanineHybrid Creations - TOS (Costumery)


Last updated September 26, 2011


Please read all the information below, it is mandatory that you review all policies before your costume-related commission can be accepted. You are more than welcome to ask if you have any questions! If you would like to contact me about any of the information listed here, please send a note to my commission account at K9Hybrid, not my main account here at CanineHybrid. I use this alternate account to accept business-related queries separate from my personal ones to my ensure I can view and respond to your message in the most timely and organized manner. Thank you.







PAYMENT


All prices are in USD ($) and must be received as such. Paypal is the preferred medium for payment however check, cash, or money order is also accepted. Buyer is responsible for all currency conversion and any Paypal service fees. Checks which bounce will be charged a $25 returned check fee and you will be required to pay your balance through an alternate method.



For items totaling over $100, it is considered a "large project" and 30% down payment is required to begin project. For items under $100, it is considered a "small project" and 50% down payment is required to begin project. These deposits are non-refundable once project has begun. You are welcome to pay more than the down payment up front. Payment plans are available and can be adjusted to accommodate your needs if requested. Your project will only be shipped once it is paid for in full. If I do not receive payment within three (3) months after project completion, it will be placed for auction and your deposit will not be returned.







ORDERING


You may fill out and submit a quote request at any time as they will be processed though an interactive online order form (under development- for now, quotes are closed). You may request an unlimited amount of quotes; they are free of charge and it is also entirely optional to submit the form. You may use it for price estimate purposes or for general interactive entertainment, but only those who submit the order form will be eligible for consideration.



Large commission slots are scheduled to open quarterly with two (2) projects accepted at a time. Smaller items will be completed monthly with one (1) project slots available each month, or a total of six (6) in a quarter.



A project queue dedicated specifically to costumery will be kept on my website and I will do my best to maintain and update my current project status. If you wish to keep your project anonymous in the queue, it will be by request only, otherwise the queue will be publicly available. In an active session, two queues will be tracked at a time: the project list and the wait list. The project list is the current batch of commissions that I am focusing on. The wait list is the next batch of commissions I will be focusing on once the current projects are completed. For more information on the commission process, see my separate commission information page (under development).



I reserve the right to refuse a commission project for any reason and will be sure to notify you as to why your project was not accepted into the queue. Only a few projects are accepted at a time so if you didn't make the cut the first time, you are more than welcome to re-submit when commission slots open again.








CANCELING


I reserve the right to cancel a project at any time; this may happen if I feel that the commissioner is too difficult to work with or a personal conflict would prevent me from completing the project such as personal injury. If this should occur, you will be refunded the appropriate balance depending on the circumstances and in what stage of completion the project is currently in.



The customer may also cancel the project at any time. The full balance will be refunded (unless project has already begun, in which case the down payment will not be returned), or can be credited toward an alternate project.



I reserve the right and artistic freedom to use a canceled project for any purpose I wish including finishing the product, modifying the design, and/or selling it.








LEGAL


All copyrighted characters and likeness of characters in any form of costumery that I produce belongs as the intellectual property to the original owner. I claim no copyright over the character and its design but do retain the rights to the following: the reproduction of photographs taken by myself of the work, construction methods I developed for the project, and any concept drawings of the costume creation(s) including placing it in my online portfolio. Please inquire if you have any legal concerns regarding your project and we will work to develop an agreement to accommodate your specific needs.



I highly encourage and prefer the commission of original or generic characters only.



However for the time being, and also very sparingly, I am willing to reproduce a copyrighted character because this is a very popular request that many artists understandably refuse. The commissioner must realize that technically speaking, all forms of fanart in the United States are highly illegal (exception for "fair use") and that you have no copyright ownership over the work and risk involving yourself in a legal dispute by doing so.



If I am to create a copyrighted character, I will consider the product a "derivative work" of the original; transforming the original source material into a textile medium for purposes of promoting the enjoyment of the source material for the commissioner and fans of the original work. However, it is up to the legal system to examine my claim and determine the severity of copyright infringement. By claiming the product is a "derivative work", it is not any sort of guarantee that you or I shall remain protected from a legal dispute should one occur. From my understanding of derivative works, this also means that the original copyright holder can influence our use or creation of the costume itself. It is the copyright holder's right to remove or reproduce any images of the work you or I have taken, including even confiscating the costume item, making a profit from the work, and/or denying me the ability to create any more products from their copyrighted content. If this happens, so be it; it was the risk we both took and I shall never offer my services towards the reproduction of copyrighted characters again.



In simple terms, the character/design is owned by the copyright holder (either you or a third party in this case, preferably with permission). I own the craftsmanship of the project as well as the images and videos I take of it at any time. You own the physical product itself after payment is complete. If you return the product, you no longer have any ownership rights over the physical product (character/design rights still belong to the original copyright holder).



The craftsmanship of the finished product is owned by CanineHybrid Creations. An exclusive rights license agreement is made between CanineHybrid Creations and the owner of said product as follows: The product owner may publicly display or perform in the costume without limitation, freely take videos or photographs of the work for public display or distribution (online or otherwise), transfer ownership through sale or other means, and create derivative works without consent, as long as no copyright is claimed over the original craftsmanship to anyone other than CanineHybrid Creations, and ensured that the new work is appropriately credited as a derivative work of my original material. Upon the transfer of ownership of said item, you acknowledge that you are also giving up your exclusive rights to the product and transferring them to the new owner. The new owner must be made aware of the license agreement the product has with CanineHybrid Creations. Amendments to the exclusive license agreement made be discussed and agreed upon by all parties.








RETURNS


Every item comes with a 30 day limited warranty that covers the materials and craftsmanship and can be sent back for repairs, replacements, or refunds. The warranty excludes items that have been altered, have been used improperly, has not been thoroughly cleaned for return, or damaged from shipping.



If for whatever reason you are unsatisfied with your product, you are able to return it in the best condition possible for minor repairs, a refund, or exchange depending on the circumstance. Minor repairs shall be made free of charge within the first year of ownership and I reserve the right to refuse offering this service if it is violation of any terms stated in the warranty. Depending on the nature of the repair, compensation may be required. A significant alteration or repair attempted by yourself or anyone else will void the warranty and you will no longer be eligible for a free simple repair, and I will ask for an appropriate service fee under the circumstances to repair the item.



A valid reason will be necessary for consideration in a return or exchange. A refund will include a full return of balance minus the deposit. An exchange for the total balance of the returned item can be put towards another commission item and the difference compensated for. I reserve the right to alter or sell an unwanted returned item as I inherit all ownership rights, with the exception of character/design copyright, of the product from you upon agreement to a refund. All refunds will be issued in installments and paid within one (1) year of cancellation date. I reserve the right to refuse a return if the product's condition voids the warranty.








OTHER TERMS


While concept art is required for most costume projects, the end result will follow as closely as I can to the original design within the margin of human error, the human body and proportion, physics, my personal artistic style, and available materials. I will work with you to present the closest alternative should any of these limitations greatly affect the design or outcome of the project where it would be unsatisfactory.



You must be 18 or older to purchase any large project items (valued at $100 or more) unless you have the permission from a parent or legal guardian.



I am not held responsible for a costume that does not fit the commissioner correctly due to poor or inaccurate measurements taken by the commissioner. Follow the duct tape dummy guide and all measurement instructions carefully to ensure the best fit for your costume and please ask if anything is unclear. Younger individuals especially be warned: purchasing a custom fit costume may not fit you in the future if your body size is constantly changing. Losing and gaining weight will also affect how a costume will fit on your body. Purchase at your own risk.



To ensure the most accurate translation of your original concept to the final product, please describe your commission in the greatest detail possible, ensuring that nothing will be overlooked as more information than needed is always better than not enough. Be sure to fill out each section of the provided order form as necessary for the most accurate quote and final product.



My costume products are wearable forms of art and should be treated as such. Poor maintenance and care of products will result in a void warranty and an unsatisfied customer, so please take good care of your commissions! A care guide is included with all sales.








LIABILITY DISCLAIMER


In no shape or form am I responsible for any injury you may experience while wearing my products. It is your own responsibly to know the limitations of your body and the costume, taking into consideration your environment, acknowledging any safety hazards and risks that would present itself to you as result from wearing any costume product, and I strongly encourage the use of a handler or personal assistant to provide aid while wearing a costume.









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psycocougar's avatar
you still taking commisions