Terms and Conditions

_{Publish on August 25, 2023}
^{Last updated April 22, 2024}

Agreement to our Legal Terms
We are ZomBrainShop (“Company,” “we,” “us,” “our,” “I,” “me,” “my”)
We operate the store ZomBrainShop (The “Shop,” “Store,” or “Service”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Shop,” “Store,” or “Service”).You can contact me via using the Google Form link at the very bottom of the contract If you have any questions relating to either the Terms and Conditions or just the Shop services in general. However, if you deem you are in need to speak with me right away, my Tumblr Account, ZomBrainShop. Currently, a Discord server for Customer Services and Cilents is still in the works. Will update once it has been finalized for customer services.These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and ZomBrainShop, concerning your access to and use of the Store. You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.ZomBrainShop will always give a 37-day notice on our site and make a post on our main social account ZomBrainShop on Tumblr.The Shop for this section is intended for users who are at least above the age of 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Shop. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.We recommend that you print a copy of these Legal Terms for your records.

Table of contents
1. Our service
2. Intellectual property rights
3. Products
4. Purchase and payment
5. Return/refunds policy
6. Cancellation policy
7. Prohibited activities
8. Contribution license
9. Guidelines for reviews
10. Third-party websites and content
11. Services management
12. Privacy policy
13. Termination
14. Modifications to Commission Work
15. Corrections
16. Indemnification
17. User data
18. Electronic communications. Transactions. and Signatures
19. Contact Us

1. Our service
Our services use third-party sites to host, make our products, have them deliver them (note, they too also use another third-party to deliver them), and also provide an easy payment method. We advise you also read their Terms of Service (TOS) as well before purchasing.
ZomBrainShop, currently, at this time, only provides the designs to these third-party sites. We do not make the products, or delivery, or offer payment methods through these sites. We only create the designs.
If you have any issues with the site of the third party we recommend you reach out to their customer support instead of us. However, we would deeply appreciate it if when you received your products with any defects to informed us with the evidence(s) attached so we may decide on whether we, as a company, should continue to allow our work/designs on their site. Remember, when ordering from third-party sites, in which we trust, we do not offer refunds. We heavily advise you to reach out to the third-party customer support to see if you can have a refund.Our shop does have other products such as digital products hosted on our Ko-Fi and Etsy. All of our digital products may be limited to members only but not all. Our Etsy on the other hand will have limited time till the item is off our shop, but not to worry it will come back (just keep an eye on our social for it to come back).
Please read all of the descriptions of the product(s) (that you are planning on buying) before purchasing, thank you. Commissioning artwork does fall under digital products however we will be marking them as service products/goods going forward.Finally, our shop does offer different kinds of services such as Commissioning artwork. We will announce on our socials whether they are open or not. A Google form (for commissioning artwork) will be open and it’s not on a first come first serve. All forms submitted may not be edited and only submitted once. We have the right to turn off submissions in a timely matter. A timer will be displayed on our Carrd site and an announcement will be made on our social when submissions will close.
We at ZomBrainShop will never save your information and use it for malicious intent. However, to prevent bad customers from flooding our form we will save the information we collect, but never use it for malicious intent. Once we have selected our customers moving forward (they will be contacted right away) we will announce on our social that all clients have been contacted. All those who have submitted and weren’t chosen will have their form deleted so they may try again in the future.Our Ko-Fi store, when using the commission tab, does have Standard Terms which we highly recommend you read as well (you can read them when selecting which service you want to purchase). More options do exist on Ko-Fi that isn’t just art. Ko-Fi commission will turn on and off when I need it to, I’ll announce on my social when they open or close.Finally, our Etsy store will have items just like our Ko-Fi except it will be hosted for a limited time. Having items stay on Etsy isn’t cheap, especially if we plan on having many items in our shop. So to prevent our shop from looking empty we will post a new item or two every so often. We will bring back items that have expired. Once we get a nice flow of stable income we will think of having an auto-renew for some of our items. Till then, keep an eye out on our social about which items are being posted and which are expiring.Understand we reserve the right to decline for any reason.
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2. Intellectual property rights
I hold all copyrights to all artworks and writing I produce even if commissioned unless I state otherwise. This includes me using commissioned artwork for social media posts, portfolio usage, and promotional usage. Under this, you also agree for me to show a speed-paint, livestream it, or give a sneak peek of my process for public view.
You may not put my work, even if commissioned, into AI generators, NFTS, CRYPTOS, and other AI Tech. I do not condone it. I do not support it. Please respect my wishes.You may use my artwork in any non-commercial use unless commercial rights have been bought. When posting a commission you received from me online, all I ask is you credit me (LeeChanDoki). The use of my artwork for profit is not allowed unless permitted otherwise.
You will receive two pictures the one with the watermark may be posted online with credit and one without cannot be posted online however, you may share among your friends.
Modification of/to my work, commissioned or not, is prohibited.When purchasing commercial rights for your commission understand the price may be high.Resells are not allowed unless permitted by me.
Failure to follow and agree to my terms will revoke your rights to the commission work or any of my work and you may not use it. EVEN IF YOU HAVE BOUGHT IT ALREADY. I RESERVE THE RIGHT TO STATE IF YOU CAN USE IT OR NOT IF YOU HAVE DISRESPECTED MY TERMS.
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3. Products
The majority of our products are held on third-party sites. We do not control the product's quality and payment method held on those sites. We recommend if you ever received a product or never gotten your product to not only inform us but to contact their support team.
Letting us know if the product is not in good condition or never arrived at its destination allows us to determine the future of letting our design continue on their site.We also use another third-party site to hold auctions, however, you must be 18 or older to bid unless stated otherwise. If you are younger than 18 but older than 16, you must have a parent's permission, and be directly supervised by, your parent or guardian to bid. We do not allow those under the age of 16 to bid in our Auctions.We would also hold bids on our shop social on Tumblr and BlueSky under the name ZomBrainShop, but once again, we highly suggest you must be 18 or older to bid unless stated otherwise.
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4. Purchase and payment
When purchasing items from our Ko-Fi shop, we accept PayPal and Stripe.When bidding on the site ych.commishes.com please read their terms of service and be 18 or older (we do not allow those under the age of 18 to bid on our products unless we state we do).When we create an offsite auction (such as posting a live auction post on our shop Tumblr blog, ZomBrainShop, or on our Discord server) we typically will allow those under the age of 18 to bid but they must be *above the age of 16. Those below the age of 16 are not allowed to bid.
*Must have permission of, and be directly supervised by, their parent or guardian to bid in our auction.The payment method we use when accepting, whether commission work or auction-related items, is by invoice by PayPal and Stripe only. At this time, we do not have a contract to allow other services to be used.We will send an invoice while in discussion. If payment has not been paid, we will halt our services until the payment has been paid. If payment is an issue we will have a private conversation with the client. Understand paying the invoice is time-sensitive. Further discussion will be with the client in private.
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5. Return/refund policy
Digital products (i.e. commissions, services, and items) bought from my store on Ko-Fi will not be refunded. Services items may be refunded (under extreme circumstances) but the client's reputation with us will affected.Digital products bought from third-party sites cannot be refunded by us. Please contact the third-party services to see if you can get a refund on an item you have bought from our store hosted on their, third-party, site. It is optional to inform us why you have asked for a refund, fill out this form so we may know why.Remember. Once a commission has been refunded. YOU MAY NOT USE THAT WORK AT ALL. WE HIGHLY RECOMMEND YOU DELETE THE COMMISSION. The client's reputation with us will affected. In other words, we have the right to ignore you since you have been labeled untrustworthy in our eyes.
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6. Cancellation policy
ZomBrainShop is committed to providing exceptional services in a timely manner. Unfortunately, when a customer cancels without giving enough notice, it prevents another customer from being served. I will always give updates and inform you, the client, when we are nearing the final stages of your commission.Cancellation request
Cancellation requests may be submitted online via DM (Ko-Fi, or Tumblr) or by purchasing the cancellation item in our shop. Must pay the fee of $15 dollars.
If you have been invited to our Discord server (ZomBrainShop: Delivery and Customer Services) you may message there about a cancellation request.If you have any questions or concerns about our cancellation policy, please contact us by filling out our form.
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7. Prohibited activities
Reiterating, You may not put my work (commission, non-commission, and writing) into AI generators, NFTS, CRYPTOS, and other AI Tech. I do not condone it. I do not support it. Please respect my wishes. My work, whether they are commissioned or not, may not be used in any bigotry or spread hate.You may not use my work whether they are commissioned for commercial or monetized use unless you have paid a licensing fee or royalty fee. Fees have different costs and will be discussed in private with the client.
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8. Contribution license
Fanart or commissioned work we receive or buy gives us the rights to either use it to advertise our shop (such as using the images and modifying them in posts to either showcase new items in our shop or to display an update) or showcase/show off the fanart on our Shop.
We do not own your work. We will always credit the artist and link to their social (not all of their socials).You may not use our work *even if you have commissioned it for merchandise or monetized work unless royalty fees are being paid or license fees have been fully bought.*to those we have granted permission may continue the use of monetizing our work that we have granted them to use.
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9. Guidelines for reviews
When leaving a review please leave your username, and product order; i.e. digital commission, digital product [name], physical product [name]...Understand we will sort through them when we have time too when you submit it through our Shop blog on Tumblr. Another way to submit a review is by our Google form or when you leave a review in our Etsy shop under the item you have bought.
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10. Third-party websites and content
We are not responsible for what is posted on third parties. We only use their service. If you have any issues with the third party, we recommend you get in contact with their support.
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11. Services management
Understand we are a small team of two employees and some help from our friends. Our shop is very small and is classified at this time as a hobby status. This will change once we have made a breakthrough but for now, understand we are a small shop and things will take their time.I, Lee Chan, will be handling designs, products, marketing, social media posts, and will create announcement posts from time to time.My partner will be handling the customer services only on Etsy and may help out on our Discord service shop as well.I will check our Contact Form every Friday at 12 pm EST every 2 weeks. My Ko-Fi will be checked every Thursday at 5 pm EST.Our friends who do help out in our Discord service server are volunteers. However, just because they are volunteers does not mean you have the right to mistreat them. In due time, they will be paid and the position will be a paid one.
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12. Privacy policy
This Privacy Policy (“Policy”) explains the information collection, uses, and sharing practices of ZomBrainShop (“We,” “us,” and “our”).Unless otherwise stated, this Policy describes and governs the information collection, use, and sharing practices of ZomBrainShop with respect to your use of our website (https://zombrainshop.carrd.co/) and the services (“Services”) we provide.Before you use or submit any information through or in connection with the Services, please carefully review this Privacy Policy. By using any part of the Services, you understand that information will be collected, used, and disclosed as outlined in this Privacy Policy.If you do not agree to this privacy policy, please do not use our Services.Our Principles
ZomBrainShop has designed this policy to be consistent with the following principles:● Privacy policies should be human-readable and easy to find.
● Data collection, storage, and processing should be simplified as much as possible to enhance security, ensure consistency, and make the practices easy for users to understand.
● Data practices should meet the reasonable expectations of users.
Information We Collect
We collect information in multiple ways, including when you provide information directly to us.
Information You Provide Directly To Us
We will collect any information you provide to us. We may collect information from you in a variety of ways, such as when you: (a.) fill out our commission form, (b.) make a donation or purchase, (c.) contact us or provide feedback, (d.) enter our discord server, or (e.) give us your signature.Third-Party Links and Services
The Services may contain links to third-party websites (e.g., social media sites like Tumblr, Twitter, Youtube, and many others provided on our Site), third-party plug-ins (e.g., The Ko-Fi donate button), and other services, If you choose to use these sites features, you may disclose your information not just those third-parties, but also to their users and the public more generally depending on how their services function. ZomBrainShop is not responsible for the content or privacy practices of such third-party websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We encourage you to read the privacy statements of each and every site you visit.Changes to this Privacy Policy
We will continue to evaluate this Privacy Policy as we update and expand our Services, and we may make changes to the Privacy Policy accordingly. We will post any changes here and revise the date last updated above. We encourage you to check this page periodically for updates to stay informed on how we collect, use, and share your information. If we make material changes to this Privacy Policy, we will provide you with notice as required by law.
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13. Termination
We can not fully delete your account. Please read the third-party site's Terms of Services when making an account there. What we can do is block your actions from interacting with us and our clients the best we can.Termination By You. We’d hate to see you go, but you may leave at your own leisure.If you are supporting us by Ko-Fi and have no idea how to stop support payment head to Account Settings -> head down to Subscriptions -> click the three dots, meatball menu (●●●) -> finally, click “Don’t Renew.”
Understand that if you have stopped supporting us and have access to our Discord for supporters lounge we have the right to kick you off the server (unless you are a supporter).Termination By ZomBrainShop. We may terminate your account for any reason such as violating our terms. Understand that if you are in our Discord we will ban you and you will be marked blacklisted for our Shop and ensure you do not come back to our server. If you are a supporter of our Ko-Fi we will ensure all of your support will be stopped and you will no longer have support access.We will do our best to ensure that you are not welcome to our shop or the server to protect us and our clients and customers.

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14. Modifications to Commission Work
ZomBrainShop does not allow any modification to our work even if it is commission, please refrain from taking my work and using it however you please in any revenue setting unless permission was granted. I only allow my work to be used for personal use by the client and only the client.
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15. Corrections
There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
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16. Indemnification
I do not hold any responsibility if you lose the file to your commission work or purchase item. Please refrain from reaching out to me for another copy or replacement (unless we are mutual, acquaintances, or friends). I highly suggest making a folder to hold all of your commission files and purchase items, while also backing them up in a save file to prevent loss.
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17. User data
ZomBrainShop will collect data, such as usernames, emails, payment methods, and many other info if needed. HOWEVER, we do not sell that info. We will not give out the info to anyone unless it is a means to warn others of unacceptable actions/behaviors.ZomBrainShop will never ask for personal data such as your name, passwords, or anything that does not correlate to ordering a commission. If you feel that you are not speaking with the real ZomBrainShop or feel that something is off, stop communication immediately and please contact our Tumblr Shop, ZomBrainShop to inform us of the discomfort or uneasiness you feel.For more information about the use of user data, please reread 12. Privacy policy.
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18. Electronic communications. Transactions. and Signatures
We will always use an invoice payment method. If the invoice payment method is unavailable for you we would have you go through the process of signing a form and have you read a contract for the payment method you would like to use. If we do not use the payment method you have in mind please refrain from asking. You will receive a homemade invoice receipt/payment receipt in a PDF format. Signatures will be required
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14. Contact Us
To get in contact with us, please fill out the Google Form. We will check the form every two (2) weeks on a Friday. Understand, If you feel it is urgent to get in contact with us, I advise you to send a message to our shop blog on Tumblr.
Anywhere else, that is not confirmed to be us by our site is fraud and you should report them to us right away so we may take care of it.

Terms Of Agreement