Effective date: July 13, 2019 Official site of Hoshi-Hana (“us”, “we”, or “our”) operates the www.Hoshi-Hana.com website (the “Service”).
All art on the Service operates under (“Product”, “Commission” or “Work”)

Read the following Terms and Conditions carefully. By using the Service for purchase or use our Work you agree to the stated Terms and Conditions. This is also applied to custom Commissions agreed externally on the site between the client and us.
Unless otherwise defined in this Terms & Conditions, terms used in this Terms and Conditions have the same meanings as in our Privacy Policy, accessible from www.Hoshi-Hana.com

Copyright

All Work on the Service legally belongs to the artist Hoshi-Hana.
By default you are granted a non-exclusive License which means that you may NOT resell it and only use the Work for yourself personally after purchase unless otherwise stated such as:

  • Commercial License
  • Merchandise License


The Work nor Products may not otherwise be reproduced or distributed physically as well as digitally to any other person, business, non-profit organization, or incorporated in any other way into another document or material without prior written commission from Hoshi-Hana. Any copy of the art must retain all copyright and other proprietary notices contained within.

You are allowed to show your audience the Work on Social Media and we will provide you with preview pictures if you have purchased a Commission.

Commercial License

The Work is NOT to be used on any merchandise or published Work unless written permission has been granted and a royalty fee has been established. If the art is used as such the artist may request royalties to be paid to the max of 10% profit.

Merchandise License

For custom Emote Commissions we offer a purchasable merchandise license directly through the Service, which grants you permission to print and sell a Work on mugs,T-shirts etc.
All Sales made are yours and no royalties will be requested later.

Modifications

You may NOT modify the Work in any form otherwise stated. Watermark (signature and/or logo) on any regular Work may NOT be removed unless you have bought a commercial or merchandise license.

In relation to emotes, badges and emojis there will only be (Watermark, signature and/or logo) on the social media preview photos and on progress screenshots if you pay half upfront/ half on delivery.

Credit Notice

After using the Service for Products or Commission for personal use we want to ask of you to give us credits where it is due whether it is on third-party sites and if someone comes to you:

  • Descriptions and/or Bios on Social Media (e.g. Twitter, YouTube, Twitch).
  • In streams or automatic chat messages (e.g. Twitch, Mixer, YouTube).
  • Other.

We know it may not always be possible but we would appreciate it greatly.

Displaying Work

In return we reserve the right to display all aspects of our creative work including livestreaming, recorded videos, sketches, work-in-progress drafts and the completed Commission on our portfolio at the Service, in articles on websites, in magazines and in books. We also retain the right to showcase the Commission(s) on social media like Twitter, Instagram and deviantART.

The Works will have full watermark and/or logo and be uploaded in lowe resolution so your Commission is protected and we will furthermore make sure you are credited for your support.



Custom Commissions

There is nothing we want more than to help you with a personal unique Work. This following section explain what you need to know.

Agreement Summary


You:
You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You will do this when we ask and provide it in the format we need. You will review our work, provide feedback and approval in a timely manner as well. You’re responsible for approving and requesting changes. Deadlines works two ways, so you will also be bound by the dates we set together. You also agree to stick to the payment schedule set out at the end of the contract.

Us:
We have the experience and ability to do everything we have agreed upon with you and we will do it in a professional and timely manner. We will endeavour to meet very deadline there is set and we will also maintain the confidentiality of everything you give us.


Rejection of Request

We retain the right to reject a commission request under certain circumstances such as:

  • Theme
  • Behaviourism
  • Time
  • Personal issues

You can consult what we will or will NOT do on the commission page on the Service once available.

Changes and Revisions

All changes MUST be made before the rough sketch has been finalized but small revisions can be made when the line art has been completed. Colour changes are only accepted in the flat colour process. Due to realistic constraints, we have the right to take artistic freedom as long as it fits within the wished guidelines of the requested art. Once the final art is sent changes are no longer possible in any way.

References

You must provide all necessary references such as

  • personal or character photos,
  • third-party websites
  • written descriptions
  • Pose ideas
  • Other relevant material

you possible can. This is to secure that the we use minimum effort and time on preparation/ studying and more on the actual work. If you don’t provide any information, we have the right of artistic freedom. Changes may be requested all times during the sketch process.

Termination

You may terminate this agreement at any time by destroying all copies of the Work. Your license to use the Work will terminate immediate if you breach the agreement.

Cancellation Fee

If the project is being terminated 50% into the art process, the artist may require a cancellation fee to cover eventual losses. This is half of the agreed commission price.



Transaction Fee

For each sale we make on the Service and externally as well, PayPal will take a percentage in transaction fee. The Fee has been included in the price on the Products for transparency.
The fee starts at a few cents and changes accordingly to the amount.

We consult the designhill’s PayPal Fee Calculator.
For Commissions with the half upfront/ half on delivery payment the same fee has to be paid twice.


Refunds

At Official site of Hoshi-Hana we have few limitations to refunds which are furthermore parted into:

  • Downloadable Content
  • Custom Commissions

Downloadable Content

When you make a downloadable purchase on the Service you are not available to get a refund.  The reasoning behind this is as following:

  • The content you download is art.
  • We show the Work as they naturally are in the preview photos.

If you get a refund there is no way we can be assured that you have nor will terminated the Works with the folders they came in from your Personal Computer. They will still be available of use for you.   
However if you do encounter any errors or corruptions with the files we will replace them for you free of charge on the platform of your choosing. This will be done until they work for you.

Custom Commission

When you purchase a Commission through the Service or externally, we do offer refunds under certain circumstances. These are as stated:  

  • If we are prevented from continuing on the Work for an unknown amount of time.
  • If we cancels the Commissions ourselves due to sudden personal issues.
  • If we do Not hold the agreement we have made with you at any point within 2 months.

If the reason for claiming a refund has any relation to the style or if you regret your purchase please consult Termination and Cancellation fee under Custom Commissions.

Legal Notice

We can not guarantee that our work will be error-free and so we cannot be liable to you or any third-party for damages, including lost profits or lost savings.

Changes To This Terms and Conditions

We may update our Terms and Conditions from time to time. We will notify you of any changes by posting the new Terms and Conditions on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Terms and Condition.

You are advised to review this Terms and Condition periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Governing Law

This agreement will be governed by and construed in accordance with the substantive laws in force in Denmark.

Contact Us

If you have any questions about this Terms and Conditions, please contact us:

  • By email: hoshi.hanaart@gmail.com
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