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GamerHeroine Commission and Donations
Terms and Conditions

Terms and Conditions with custom art and emotes

This Agreement (“Agreement”), entered the date upon commission request between GamerHeroine (“Artist”) or ("the Artist") and the requester of art work, (“Client”) or ("the Client"), shall govern the respective rights of Artist and Client with respect to the artwork described herein.

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I. Scope of Work Commissioned

Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work”:

  • Thumbnail Sketch

  • At least 1 rough draft

  • Fully completed piece

Artist agrees that the Assets shall be of good quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.

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II. Deadlines and Completion

Upon receipt of Client’s specifications pursuant to Section I, which Client agrees are true and complete at the time of execution of this Agreement, Artist agrees to complete the Work upon the following schedule:

  • (7) days following the signature of this Agreement for the Thumbnail

  • (30) days following the signature of this Agreement for the Final Illustration.

  • Client payment within 1 week unless otherwise requested and agreed upon.

Both parties can agree upon extensions if required.

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III. Rights Transferred

Artist and Client agree that the following rights shall be transferred from Artist to Client upon receipt of full payment.

Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) to Work to Client, excluding only the right to authorship credit, which is retained by Artist.

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IV. Compensation

The Client shall pay the Artist a total price agreed upon as total compensation for the project described above. Payment shall be made as follows:

  • 100% within (7) days upon receipt of final deliverable.

Additional fees will be charged for revisions that are not due to any fault on the part of the Artist made after (5) minor changes, and for revisions reflecting a new direction to the assignment, or new conceptual input.

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V. Termination/Kill Fee

Client may terminate this Agreement at any time by sending notice to the Artist. Upon such termination, Client agrees to compensate Artist as follows:

 

(1) Partial Completion. If Artist has partially completed the Work, Client agrees to compensate Artist at twenty percent (20%) of the total compensation as an addition to the initial (30%) down payment. If this Agreement is terminated by Client after Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed artwork, sketches, and comps.

 

(2) Full Completion. If Artist has completed the finished artwork at the time of cancellation, Client agrees to compensate Illustrator in full as otherwise provided in this Agreement.

 

VI. Non-Payment; Remedies

Any delinquent payments due shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of two and one-half percent (2.5%) per month. Client agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.

VII. Artist's Right to Authorship Credit

Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works). When asked, Client must properly identify Artist as the creator of Work. Client does not have a proactive duty to display Artist's name together with Work, but Client may not seek to mislead others that Work was created by anyone other than Artist.

The Artist can display the process of creation of the art in video, live stream or in person. The Client can request that the art not be displayed while in progress before work begins.

 

VIII. Severability; Integration

Client and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties, and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.

 

IX. Unauthorized Use by Client; Indemnity

Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.

 

X. Warranty of Originality

Illustrator represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Client which may infringe upon the rights of any other person. Client agrees that it shall hold Artist harmless for any claim or liability caused by Client’s use of Artist’s product to the extent such use infringes upon the rights of any other person.

 

XI. Release of Liability

Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Illustrator or of any third party.

Font End User Licence Agreement

This End-User License Agreement ("EULA") is a legal agreement between you and the artist known as GamerHeroine and/or the head representative of GamerHeroine governing the terms of use of the Font Software (collectively, the "Font" or "Font Software") that you are downloading or purchasing from GamerHeroine, for yourself, your company, or your employer (hereafter collectively referred to as "you", “Licensee” or "The Licensee"). Please read this entire document before agreeing to be bound. By purchasing the Font Software, you agree to the terms of this EULA agreement.

The Font Software licensed under this Agreement is supplied to you by GamerHeroine for USAGE ONLY, and the Font remains the intellectual property of GamerHeroine of the Font Software. GamerHeroine reserves all rights not expressly granted to you under this Agreement. Upon purchase of the Font Software, you are granted a non-exclusive, terminable, and non-transferable license to use the Font Software per the following terms and conditions. You may not exceed the scope of this License.
 

Permitted Usage

  • Licensee may create physical products for personal and commercial use up to a limit of 250,000 units. If the limit is exceeded, an extended licence can be obtained by contacting GamerHeroine at gamerheroine@gmail.com .

  • Licensee may create unlimited projects and/or digital products for personal and commercial use.

  • Licensee may create unlimited content for personal, individual, Licensee-owned and/or client-owned and managed company social media accounts.

  • You are allowed to create digital end products that you sell. In all cases, the product that you create must have distinctive new features that will create an entirely new product that won't compete with the original product. Combining multiple downloads into 1 product is not enough. Products must be transformative by making significant modifications to the original product.

  • This license is valid perpetually.

  • This license is valid worldwide

  • Attribution is appreciated but not required.

Prohibited Usage
The description in this license covers most scenarios. However, it can happen that a scenario is not covered. In case you are unclear if the product can be used for your intended use, you agree to contact Gamerheroine at gamerheroine@gmail.com before you start using the product. This license may be updated over time with more use cases. In case these use cases don't actually change the permitted use of the items and is for clarification purposes only, you will not be notified.

  • Font files cannot be transferred to 3rd parties (e.g. clients, partners, customers). In case the 3rd party needs to receive the actual font file, a separate license needs to be purchased.

  • It is prohibited to convert numbers & letters in fonts to individual or grouped files and sell those numbers & letters as a set or as individual items.

  • It is prohibited to convert fonts into embroidery fonts and sell those fonts as your own product. You are allowed to convert fonts into embroidery fonts to create your own embroidery products.

  • You are never allowed to resell, share, re-distribute or otherwise transfer items downloaded to other 3rd parties.

  • Fonts should be used as a design element. You are allowed to use fonts as the main or only design element (e.g. creating a quote design using a font and sell the SVG file as an end-product).

  • You are allowed to create Digital End Products that you sell. In all cases, the product that you create must have distinctive new features that will create an entirely new product that won't compete with the original product. Combining multiple downloads into one product is not enough. Significant changes need to be made to the design so that it is transformative.

  • Embroidery designs and fonts cannot be sold as a digital end product. It’s not allowed to re-distribute the digital file in any way, with or without modifications.

  • Embroidery designs and embroidery fonts cannot be used for any type of POD.

  • Items or end products cannot be registered as a trademark in any territory. This license gives you non-exclusive rights. Other users can download and use the products as well, so you cannot claim sole ownership.

  • The font cannot be used to train generative AI data sets and systems of any kind.

Rights Reserved

  • The Font and the design of the Font embodied therein are the exclusive property of GamerHeroine and/or the head representative of GamerHeroine and are protected under both domestic and international copyright, trademark and unfair competition laws. Licensee may not assert any ownership in the Font Software itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Font Software. Any reference to the "purchase" or "sale" (or similar terms) of the Font Software refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee's ownership of the media and/or device on which the Font Software is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Font Software itself. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Font Software or in any typeface design.

Terms, Indemnification & Disclaimer

  • You agree to defend, indemnify and hold harmless GamerHeroine and its partners & affiliates from and against all allegations, suits, claims, actions, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys' fees and costs) which arise out of using any of the products obtained from this site.

  • GamerHeroine is not responsible for settlements, legal fees and/or other costs made by any party without prior agreement from GamerHeroine.

  • The Font may be exchanged only if defective. If you wish to claim a refund, you must (a) certify that no copy of the Font remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from GamerHeroine. All claims for a refund must be made within one (1) week of purchase and are at the discretion of GamerHeroine.

  • This license cannot be re-sold or transferred to any third party.

  • In case parts of this license will be void or invalid, the rest of the license will remain in full effect.
     

In case you have any questions, you can contact GamerHeroine at gamerheroine@gmail.com . 

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