Omega Processor – Terms of Service for Commissions Last revision: 6th October 2022 The following are the terms of service for commissions of the artist ‘Omega Processor’, henceforth referred to as ‘Omega’. These Terms of Service can be agreed to in writing or will be considered agreed-to at the time of payment by the Commissioner. Section 1 – Accepting, Declining, and Terminations Omega may accept or decline a commission for any reason. Omega reserves the right to decline a commission for any reason without explanation. Behavior that is offensive or aggressive will not be tolerated and will be grounds for terminating a commission process. (See Section 3) If the Commissioner’s communication is lacking and impacts the commission’s ability to proceed, the commission will also be terminated. (See Section 3) Section 2 – Payments and Currency Prices will be conveyed as either US Dollars or Japanese Yen as Omega sees fit. All prices are based on Omega’s assessment of the task complexity and time required to achieve a result that is satisfactory for both Omega and the Commissioner. Prices are subject to modification should task requirements change, in order to accurately compensate Omega for his time spent on the commission. Such changes include, but are not limited to, the further clarification of size, scope, and complexity, or the addition of features, or excessive edits. First-time Commissioners may be required to pay in advance for the rough sketch, equal to the value of the rough sketch, at Omega’s discretion. Commissions will not advance past the rough sketch stage until full payment is provided to Omega. All payments are to be made to Omega via PayPal. Omega’s statement of final prices associated with the commission are not negotiable. If a single commission has more than one Commissioner, payments should be made by a nominated leader who will pay for the commission in full. This nominated leader is ultimately responsible for the various obligations of the Commissioner for a given commission as detailed in Sections 1, 2, 3, 4, 5, and 6. All Commissioners, that is the nominated leader and other Commissioners they represent, are obligated to comply with Sections 1, 5, and 6 in full. Section 3 – Refunds If the Commissioner wishes to cancel a commission prior to paying Omega, there are no repercussions. If the Commissioner wishes to obtain a refund after payment but before the commencement of any work, a full refund will be given. If the Commissioner wishes to obtain a refund after the commencement of any work, a percentage of the refund will be provided at Omega’s discretion based on how much work is done. If the Commissioner wishes to obtain a refund after the completion of work, no refund can or will be given. Section 4 – Artwork Creation Process Communication should be conducted in English or Korean to avoid confusion. Descriptions should be written with succinct, accurate language, and with full grammar. This includes descriptions of reference image elements. Based on an accurate description of the task, Omega may offer a price estimate. This does not represent the final price as it is only an estimate. Commissioned artworks begin as a rough sketch. If the rough sketch is approved by the Commissioner, and payment is provided, the commissioned artwork progresses to the lineart stage, then the basic color stage, and then to the final painting stage. Omega will offer opportunities for feedback at these intervals. Omega will make only 3 alteration/correction passes. This is to prevent nitpicking, which is detrimental to his creation process. Further corrections may begin to incur small fees. It is preferable that alterations or corrections are addressed at the rough sketch stage. Changes after this stage incur greater effort and time spent, and may incur a price increase. Omega cannot promise a deadline for a commission, only that it will be done. Section 5 – Rights Machina, the Machina setting, Repair, and other elements of the Machina Project, are the property of Omega. As such, the character being created in commissioned artworks is always partially Omega’s creation. The Commissioner must understand and acknowledge that if the character depicted is not explicitly a named individual, the character featured in the artwork will be stated to be one individual out of a cohort of many physically-identical individuals. Ergo, an identical character featured in a separate work may not necessarily be the same entity as the entity which the Commissioner owns as intellectual property. The Commissioner must understand and acknowledge that any named character featured in artworks commissioned by them and created by Omega may be used, either by Omega or his permitted affiliates, for further works. Similarly, such characters can appear in fan works. In such an event, Omega or his affiliates will take any reasonable steps to ensure a good-natured representation of that named character. Omega retains the rights to the artwork itself, including the right to profit from it. Omega retains the right to profit from the artwork in such manners including, but not limited to, selling the artwork as part of an artwork archive image bundle, creating physical merchandise, using the likeness in further media, etc. Omega retains the right to use the artwork, with or without alterations, for the purposes of self-promotion. The commissioned artwork may NOT be used by anyone, other than Omega or his permitted affiliates, for commercial purposes and may NOT be redistributed or reproduced. The commissioned artwork may NOT be used by anyone, other than Omega or his permitted affiliates, to make any profits, which includes, but is not limited to, digital prints, physical prints, physical merchandise, etc. The Commissioner may NOT remove watermarks where they are present, as this is a violation of Omega’s rights to the image. The Commissioner may NOT sell the completed artwork in any way. The Commissioner may NOT create and/or sell Non-Fungible Tokens pertaining to Omega’s artworks. The Commissioner MUST seek and obtain written permission from Omega to repost the completed artwork to image gallery accounts outside of those operated by Omega. The Commissioner MUST seek and obtain written permission from Omega to alter a completed artwork. The Commissioner may create a virtual 3D model of the likeness of the completed artwork for their own personal use. The virtual 3D model may NOT be sold in any way, as its likeness is the result of Omega’s labor. The Commissioner may print the image of the completed artwork for their own personal use, or make physical objects featuring the image of the completed artwork, or likeness of the completed artwork, for their own personal use, including but not limited to the creation of a physical model of the likeness of the completed artwork. Such things may NOT be sold in any way, as the likeness is the result of Omega’s labor. Section 6 – Miscellaneous By providing a communications address, such as an email address, and thus a line of contact to the Commissioner, the Commissioner agrees to act in a professional manner. The Commissioner may not redistribute personal or contact details pertaining to Omega unless Omega gives his written consent. Should any of these Terms of Service be breached, or the Commissioner causes Omega to incur damages, Omega reserves the right to issue a DMCA takedown notice or pursue damages under Section 17 of the Copyright Law of the United States.