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T.O.S. (updated 1/6/2024)
9 years ago
♥ COMMISSION ♥ TERMS OF SERVICE ♥ QUEUE ♥ TIP OR DONATE ♥
Basic Terms of Service
DISCLAIMER
By purchasing my services (art), you automatically agree to the following conditions. Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms. If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.
I do not allow my art to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artwork.
NFT and/or AI usage is strictly forbidden.
If you have any questions, please contact me
USER AGREEMENT
By commissioning me, you agree that you have read and accepted all the terms described. You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me. Violators will be added to my blacklist indefinitely and without warning.
I can and will refuse your commission if it is homophobic, transphobic, heterophobic, racist, or any hate speech in general.
I do not draw porn or fetish art.
I don’t really do deadlines, I am,,,, a mother,,, and as you can imagine that takes up quite a bit of my time. Don’t let this deter you from commissioning me though- I’m very passionate and love drawing!!
GENERAL/CLIENT
You, the Client, will be expected to first read my TOS and understand my general Commission Prices. You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me. You may not claim my work as your own. You may use the artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays. You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale). NFTS/AI ART IS STRICTLY FORBIDDEN. You may not use the artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed. Any harassment in an attempt to bargain for a commission is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment. Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents. .
By commissioning me, you are purchasing my service as an artist only. I reserve the right to post your finished artwork in my gallery for any reason. I reserve the right to decline any project or client for any reason.
COPYRIGHT
I reserve the right to sign and/or watermark my own work. I will send you a full resolution image, but my signature will remain on both the full resolution and smaller versions of the Artwork. I retain all copyright over my work, which includes the right to use the image as a sample for sales or self-promotion unless otherwise agreed upon.
COMMISSIONS/ORDERING
After claiming a slot via comment or private message you will get a reply from me discussing the details as well as me confirming your slot. I reserve the right to make changes to your request as we discuss your order. To guarantee the total accuracy of your commission, please make your wants and needs clear.
If your character is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the character, agree to simplified design changes) before the transaction is complete.
Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.
Any emails, private messages, and comments that you send must come in English. (I know- imagine not being bi-lingual)
Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details. I will - after everything is processed and confirmed - give you my paypal email. You need to send the payment to me before I start your order.
PAYMENT
I am not responsible for any mistakes that are made on your part over the course of the transaction.
I will only accept USD via Paypal as payment. You are responsible for making currency conversions.
It is expected that you deposit 100% of the price upfront before I start. No exceptions unless otherwise discussed.
After 100% of the payment is sent, I will start sketching. The Sketch will then be sent to you for approval.
Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.
If payment is not made in a timely manner (24h) the commission will be cancelled. Repeated counts of commissioning a project and failing to pay will result in blacklisting.
For auctions, you are NOT allowed to retract your bid. On your first problematic transaction, you'll receive a simple verbal warning. The next time you back down from the auction you will be blacklisted and refused the opportunity to bid in the future.
Only bid if you are sure you can pay your bidding.
PAYPAL DISCLAIMER
Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client. Nothing is ever intended by either me or the Client, to be physically shipped to them.
I am not required ever to ship any item unless it was explicitly discussed.
REFUNDS
I will only discuss refunds if the art has taken longer than 8 months to start.
I will NOT refund you for any reason other that the statement above. I am not your bank and I will not hold your money for you to take back at any time.
By sending money to me for a commission you are making the statement that you don't need the money for emergencies or any other random excuses.
CHARGEBACK
You are NOT authorized to issue a chargeback for any reason.
If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.
Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.
Just don’t do it pal- It' not cool.
REVISIONS AND FEEDBACK
I will send a WIP (‘work in progress’) image after 100% of the payment is completed.
The responsibility is on you to ensure your order contains the details you want me to follow.
I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.
I will only send a guaranteed WIP for the Sketch, but you are free to request a WIP at any given time. I like sharing lineart and colors WIPs but never really feel compelled to.
Up to two major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be made afterwards.
Each time I send a WIP to a client, I ask the client to provide feedback to me. You are expected to approve or communicate your issues to me.
Changes will only be made at the sketch stage. Color corrections will be made at the color stage.
Any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.
I will not be held responsible for any changes in ownership of the said character.
After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my faults (e.g., I overlooked details provided in the order).
In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.
I will not redraw a completed commission unless payment is received for a second order.
FINAL PRODUCT
There may be slight differences between the samples in my gallery and the illustration you will receive. I like to experiment!
The commissioner must respect that my artistic style cannot be altered.
Credit to me, the Artist, is required when you post or use it on another platform.
You, the Client, are responsible for saving any information, images, and other digital data I provide.
Any file you paid for will be available from me for a finite time only. I take measures to preserve most files when requested but I cannot guarantee against computer failure or accidental deletion or loss.
I delete most smaller drawings upon completion.
Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.
Purchasing Custom Character Commissions or Adopts
YOU MUST READ BOTH THIS T.O.S. AND MY ARTWORK T.O.S. BEFORE PURCHASING MY CUSTOM COMMISSIONS AND ADOPTABLES.
I can and will refuse your custom if it is homophobic, transphobic, heterophobic, racist, or any hate speech in general.
!!Do not add a custom terms of service that restricts my designs resale ex. “this person can’t have this” or “only back to me”. It makes me uncomfortable!!
Credit me for the design in the description of your reference sheets <3 this helps people find me for customs!!
You are NOT authorized to change, modify, edit or use my works without my permission. You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.” You CAN do a little airbrush over any existing name and put the new name of your character.
Do NOT sell my adopts for your own profit unless you bought the adopt yourself. You may NOT sell the adopt for more than you payed for it if there is no other art, if there is other art of the character you may raise the price.
My designs are absolutely NOT allowed to be breedables, please do not make "siblings" unless they are completely different character designs (same themes are alright, but just don't rip off my design to make a sibling or twin). This has never ended well and people end up taking credit for my designs when all they did was copy me.
When you make design changes to a character that you have bought from me they MUST be recognizable. Don't adopt something if you're going to change it completely.
No matter how much of the bought character you change you must ALWAYS credit me.
You are responsible for protecting your ownership rights to a character design made by me, I will not “fight your battles” if your character is stolen.
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Side note:
I’m gonna be honest with you, your attitude matters. If you show more interest in your commission the more I’m going to want to do for you. It’s not a matter of money it’s a matter of going the extra mile for someone who really cares what you’re doing. Not everyone’s bubbly and social and that’s okay <3 I hope you can get what I’m trying to say here though!!
I'm too lazy to move it to my new Acc
I'm too lazy to make a T.O.S. :')