Terms & Conditions

1. Introduction & Acceptance of Terms

Welcome to Fantasmatics. These Terms and Conditions ("Terms") govern your access to and use of the Fantasmatics website (https://fantasmatics.com) and all services, products, and content offered through it (collectively, the "Service"). Fantasmatics provides custom fantasy character portrait commissions, digital artwork, and related creative services.

By placing an order with Fantasmatics, or by accessing, browsing, or using this website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service. These Terms apply to all commissions purchased through our shop, whether via Etsy or directly through our website, and to all visitors and users of the site.

By using Fantasmatics, you confirm that:

1. You are at least 18 years of age, or you are using the Service under the supervision of a parent or legal guardian.
2. You have read, understood, and agree to comply with these Terms.
3. All information you provide to us is accurate, current, and complete.
4. You will not use the Service for any unlawful or prohibited purpose.

2. Commissions & Original Artwork

All artwork produced by Fantasmatics is 100% original. We do not reproduce, copy, or recreate existing characters, artworks, or intellectual property. Reference images may be used as inspiration, but the resulting artwork will always be an original interpretation.

We reserve the right to decline commissions that request copying of existing characters or artwork, that contain offensive content, or that violate these Terms.

3. Content Policy — Family-Friendly Artwork

All Fantasmatics artwork is family-friendly and suitable for all ages. We do not create artwork containing nudity, sexual content, or any other NSFW (Not Safe For Work) material. All commissions must be appropriate for general audiences.

This includes but is not limited to prohibited content such as:

1. Nudity
2. Sexual or explicitly suggestive content
3. Graphic violence or gore
4. Hate symbols or offensive imagery

Commissions that request content we consider inappropriate will be declined. If you are unsure whether your idea falls within our guidelines, please contact us before ordering.

4. Intellectual Property & Copyright

All Content is Protected

All artwork, illustrations, graphics, images, designs, logos, text, guides, blog posts, and other content displayed on this website (collectively, the "Content") are the exclusive property of Fantasmatics and its creators. The Content is protected by copyright, trademark, and other intellectual property laws under both local and international treaties.

The artist (Fantasmatics) retains full copyright over all created artwork. Clients who purchase a commission receive a personal use license as described in Section 5. Ownership of the artwork itself, including the original files, remains with Fantasmatics.

Viewing Does Not Grant Rights

Viewing or browsing this website does not grant you any right to download, copy, reproduce, distribute, modify, or use any Content without our express written permission. Unauthorized use of any artwork from this site is strictly prohibited.

Portfolio Rights

The artist reserves the right to display the artwork in their portfolio, on social media, and in promotional materials, unless the client explicitly requests otherwise at the time of ordering.

5. Usage Rights & Licensing

Personal Use License (included with every commission)

When you purchase a commission, you receive a non-exclusive, non-transferable personal use license that allows you to:

1. Display the artwork as a profile picture on social media, Discord, or game platforms
2. Print the artwork for personal enjoyment (no resale)
3. Use the artwork as DnD, RPG, or tabletop character sheet artwork
4. Give the artwork as a personal gift
5. Share the artwork online with credit to Fantasmatics

Commercial Use License (requires separate agreement)

The following uses are NOT included with a standard commission and require a separate commercial license:

1. Selling prints, merchandise, or products featuring the artwork
2. Using the artwork for business purposes (branding, advertising, marketing)
3. Publishing in printed books, magazines, or publications for profit
4. Licensing the artwork to third parties
5. Incorporating the artwork into commercial games, apps, or digital products

For commercial licensing inquiries, please contact us through the Contact page or via Etsy.

6. Prohibited Uses

In addition to the commercial restrictions above, you specifically agree NOT to:

1. Download, copy, reproduce, or redistribute any artwork from this website without authorization
2. Claim any artwork as your own creation
3. Modify, alter, or create derivative works from the artwork without written permission
4. Remove any watermarks, signatures, or copyright notices from the artwork
5. Use the artwork for any illegal or harmful purposes
6. Use the artwork to train, fine-tune, or develop any artificial intelligence, machine learning models, or generative AI systems
7. Upload the artwork to AI training datasets or image databases
8. Use the artwork in any NFT (Non-Fungible Token), cryptocurrency, or blockchain-related projects

Unauthorized use of any artwork may result in legal action to the fullest extent permitted by law.

7. Revisions

The number of revisions included is specified in each product listing. Revisions must be requested before the final file is delivered. Revisions requested after delivery, or beyond the included amount, may incur additional fees.

Revisions apply to adjustments within the original scope of the commission. Major changes (such as changing the entire concept, race, or artistic style) may be treated as a new commission and charged accordingly.

8. Orders, Payment & Refund Policy

Orders

Orders can be placed through our Etsy shop. All payment processing is handled securely through Etsy or our approved third-party payment processors. Prices are listed in USD and are subject to change without notice.

Refund Policy

Due to the custom nature of commissions, refunds are not available once work has begun. If you need to cancel before work starts, please contact us as soon as possible through Etsy or our Contact page.

If there is a significant issue with the final delivery that cannot be resolved through revisions, please open a case through Etsy's buyer protection.

9. Delivery

All commissions are delivered digitally via Etsy message, email, or secure download link. Turnaround times are estimates and may vary depending on complexity and queue. Typical turnaround is 3 to 7 days, but complex commissions may take longer. We will always communicate delays in advance.

Fantasmatics is not responsible for delivery issues caused by incorrect contact information provided by the client, email filtering, or third-party platform issues.

10. Privacy

Any personal information or reference images shared with us are used solely for the purpose of completing your commission. We do not share your personal information with third parties, except as required to process payment or fulfill your order.

11. Limitation of Liability

To the fullest extent permitted by law, Fantasmatics shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of your use of the Service or any artwork purchased from us.

Our total liability for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid for the specific commission or service in question.

The Service and all Content are provided "as is" without warranties of any kind, either express or implied.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Serbia, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation, and if necessary, through the appropriate courts of the Republic of Serbia.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. The version in effect at the time of your purchase applies to your order. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.

14. Contact Information

If you have any questions about these Terms, commission inquiries, licensing requests, or anything else, please contact us:

1. Website: https://fantasmatics.com/contact
2. Etsy: https://fantasmatics.etsy.com