Please read thoroughly if you are considering purchasing from me. I am not held responsible for commissioners or customers who have not read the TOS through fully.
 

By purchasing artwork, obtaining designs or custom work from me, you are automatically agreeing to all of these terms.

All purchases made using this TOS are for digital goods. This includes artwork, design permissions, and personal usage design rights. 

 

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Terms of Use

General Terms:

♦ -  I have the right to display all original artwork of my designs or commissioned work in my online galleries and use them for portfolio and/or promotional purposes

♦ -  You may use an adopt you get from me for commercial use ONLY if permission is requested and I am credited for the design. 

♦ -  Do not trace or alter original artwork created by me. Do not copy, repost, trace, heavily reference, or alter my art.

♦ - Adopts can be traded, resold, or given away. Can be resold for a price higher than obtained, as long as it comes with extra artwork. Come to me for appraisal of this matter and I will confirm its worth.

♦ - Commissioned art is for personal use only. Please do not repost anywhere, such as tumblr or Instagram. However, you may upload them to sites that compile your character's art such as charahub and touhou.se. You are free to print out the art, use it as a sticker, etc, as long as it is not distributed elsewhere or made profit of, and I am linked back as the artist of said image.

♦ - Do not claim that you are the creator of the artwork or design I have created

♦ - I will not do business with social media accounts less than 1 year old or empty/shell accounts.

 

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Contents

 

Ctrl - F and search to jump to what you're looking for!

Payment, Refunds, & Payment plans 
- Payment plan Details

♦ Commission Information ♦

♦ Owner Rights ♦
- Co-Owning
- Design Changes
- Design and Art Usage

♦ Reselling & Trading ♦

♦ Artist Rights ♦
- Being Blacklisted



 Payment, Refunds, & Payment plans

 

♦ -  All payments for designs, commissions, and custom slots are made in USD through PayPal. I will invoice you, or send you a PayPal.me link. Any payments sent to me otherwise will be refunded.

 

♦ -  A claimed commission, design, or custom slot must be paid for within 24 hours unless otherwise discussed with me, otherwise I will put them back up for sale or your slot will be voided. Please send me the required information and pay the invoice in a timely manner. Make sure you properly type your PayPal address when noting me, if for some reason the invoice does not show up or if there was a mistake made please alert me right away so that I can cancel it and send a new one.


♦ - After all required payments are complete, you will receive the full resolution image of your adoptable. 
Due to Paypal's new terms, you must confirm when you have paid and confirm when you have received and saved all the full rez images. Be prepared to wait up to 24 hours to receive your full rez images of the initial purchase. If there is bonus content or custom content that comes with your purchase, depending on the size of said content, there will be an average of a 2 week to 2 month turnaround period. Potentially longer for larger scale work.


♦ - Refunds will not be given out for any purchased adoptables or commissions whose payments have been finalized.  This means any design or commission slot that has been completely paid for. 


♦ - Full refunds will be offered for any custom designs or commissions if I feel I am unable to complete the work. Refunds may be requested if a time frame of 5-6 months has passed, and I have not started on the work or are not at least halfway through.
You are automatically agreeing to the wait time of custom designs and commissions. Wait time ranges based on content, usually averaging between 2 weeks for very simple work and 4+ months for extremely complex work. You will be given consistent updates on progress if requested at time of purchase and are always free to check my trello to see smaller updates when they are made. 


♦ - I will not do large sales with those under the age of 18
It goes against PayPal's terms for a minor to be using their services and if I see that you are a minor I will not do business with you. If I find out that you tried to get around this rule you will be blacklisted. 

As stated on PayPal's user agreement.

"For an individual to open a U.S. PayPal account and use the PayPal services, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence."

Minors will still be able to participate in other events not involving the exchange of money over paypal. Including raffles, and trades with me. As well as having an adult purchase the design for you.

♦ - Do not file charge backs against me. In the event of a charge back you will be blacklisted from my services and I will no longer do business with you. Please contact me first so that we may work out a refund or partial refund if you are truly unsatisfied with the work or the amount of time it has taken for the work to be finished. As stated above, refunds are not normally given out so please keep that in mind. 

If you file a charge back all work and adopts covered in said charge back with have ownership revoked as they have no longer been paid for. I then reserve the right to resell or repurpose revoked designs, custom work, and commissions.

You lose all rights to work that has been refunded.

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Payment plan details:

♦ - ONLY For purchases over $100 payment plans can be arranged. Do not request a payment plan otherwise.
You must discuss any payment plans with me prior to purchasing or bidding on the adoptable. You are required to make a down payment at the start of the payment plan. If you somehow back out of the payment plan before it is completed, I will return all subsequent payments to you. 

You will not get to keep the design if the plan is not completed, and all rights to the design remain my own where I will be allowed to repurpose or resell the design. This part of the plan is non-negotiable and is in place to protect me from false bids. If you cancel a payment plan I will not do plans with you in the future.

I have the right to cancel the payment plan and issue a partial refund if:
-- You have not paid the invoice off by the due date and have not discussed an extension with me
-- You do not pay off the invoice by the extension
-- I am no longer able to get in contact with you
-- You contact me letting me know that you can no longer complete the plan

♦ - Down payments must be at least 30% of the total cost. 
If you back out of the plan or it is cancelled for reasons stated above, I will keep the rights to the design.

♦ - Time allowed for the payment plan will vary
Only ask for a payment plan if your income is stable and can support it.

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Total Payment || Maximum time
$100+ || 1 - 2 weeks
$300+ || 2 - 4 weeks
$500+ || 4 - 6 weeks
$700+ || 6 - 8 weeks
$1000+ || Open to discussion
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♦ - If more time is needed you must alert me right away. Payment plans are very flexible and I will be more lenient with those I personally know to be trusted buyers. (IE: if you've purchased several things from me in the past, or if you've completed a past payment plan for one of my designs with no difficulties.)


♦ - For any customs or commissions, Work will not be started until the plan is completed! You are automatically agreeing to the wait time of said commission as well. If something arises where I am no longer able to complete the work, you will be refunded in full. If you back out of the payment plan, I keep the down payment. 

♦ - You do not own rights to a design purchased until the payment plan is fully paid off.


Remember that by requesting a payment plan you are agreeing to these terms. Please confirm via note before the start of the plan.

 

Commission Information

 

♦ - All payments for designs, commissions, and custom slots are made in USD through PayPal. I will invoice you, or send you a PayPal.me link. Any payments sent to me otherwise will be refunded.

♦ - A claimed commission slot must be paid for within 24 hours unless otherwise discussed with me, otherwise I will put them back up for sale or your slot will be voided. Please send me the required information and pay the invoice in a timely manner. Make sure you properly type your PayPal address when noting me, if for some reason the invoice does not show up or if there was a mistake made please alert me right away so that I can cancel it and send a new one. I will begin work once payment is complete only.

♦ - WIPs can be handed out to the customer upon request at the time of purchase of the slot. Once the sketches and/or lines have been approved, I will not make any further changes, or it will cost a fee. Please be sure to review the WIPs properly to make sure you want nothing changed, it is not the artist's responsibility if the customer has overlooked details. I will not make edits to finalized work. I have the right to refuse edits if I find they are too insignificant or trivial (such as a single strand of hair, or slight finger positioning, etc).

 ♦ - Take a look at my gallery, and be absolutely sure that my style and type of artwork is to your liking. I will not change my artstyle to your tastes. If you find that you cannot imagine your character or concept in my body of work, perhaps consider commissioning someone else.

♦ - You may repost the commissioned work on toyhou.se or other character sites. If you would like to repost elsewhere, please inform me first. Please be sure to give credit in the form to linking back to one of my online galleries.

♦ - You may not edit the work yourself, just contact me if you'd like changes made to the piece and we might be able to work something out. I cannot 100% guarantee this however, it is a case by case basis.

♦ - You may not claim the work as your own.

♦ - If you repost it somewhere else, you must give proper credit and provide a link back to me if possible

♦ - As the artist, I have the right to use the commissioned work for promotional purposes, and I am allowed to post it in my online galleries unless it is specifically requested that I keep the commission private.

♦ - You may not use the commissioned work commercially. If you'd like to purchase commercial rights from commissioned artwork of an ip you own please contact me so we may discuss it privately!

♦ - You can use it for icons, signatures, wallpapers, personal blogs, ect as long as it is non-profit and personal use.

♦ - You may add the price of work you have commissioned from me on to the resale price of an adoptable if it is allowed by the design's creator

♦ - You may only add on an equal or lower amount to what you paid for it, please do not try to profit off of my work.

♦ - You may not charge for/resell any gift art or art I have completed for art trades.
 

 

Owner Rights

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Co - Owning:

 

♦ - You are free to co-own designs by me, I do not entirely advocate co-ownership. However if you do wish to arrange one with a friend you are free to do so. If any problems arise from a co-ownership it is not my responsibility to sort it out and you must settle it yourselves. Please be careful who you co-own with!

 

Design Changes:

♦ - Regarding changes to non-species designs: For non-species designs you may make any type of change and are allowed to change the species entirely to anything you want (even other close species, given that you have permission), you do not have to run this by me, you are free to do what you like! However, I ask that if you do change the species that you not resell or re-auction it for a profit.

 

Design and Art Usage:

♦ - You are allowed to develop your character in any way you see fit and use them for roleplay purposes and any other non profit, personal use. 
 

 

♦ -  The owner is allowed to repost the original commissioned on toyhou.se and character sites only, as long as credit is given to me in the form of a link back to my gallery. If you wish to post it anywhere else, please discuss this with me first.


♦ -  Do not claim the original artwork for the design or species as your own please!


♦ - You may use designs commercially and for personal use.  To clarify, you may create personal works featuring the character, and you may commission others to create works of the character. You may sell prints, t-shirts, for-profit comics, or otherwise, as long as I am always credited as the creator of said design. You may not profit off commissioned artwork. Promotional commercial work can be discussed.
 
 

 

 

 OTAs & Auctions

 

♦ -  Read and follow whatever OTA/Auction rules are listed in the Deviation description. 

 

♦ - Please respect the other bidders. Do not harass, guilt, or abuse others or myself.


♦ - Do not retract bids. If I catch you retracting bids without first contacting me will result in me no longer doing sale-related business with you.

If you need to hide/edit your bid comment, speak with me first and I will hide it for you. There is not a penalty for this if you tell me before the auction if over that you need to retract your bid. Please be honest.


♦ - However, if you AB or if the auction otherwise ends and you back out at the last moment then:

On first offense: You will no longer be able to purchase things from me in flatsales, OTAs, or auctions, but you may still offer other non-money things on OTAs.

On Second offense: You will be blacklisted. I will no longer do any business with you and you may not participate in any of my sales. 

Info on blacklisting below!

Please do not bid if you cannot commit, please take purchasing artwork and artist services seriously. 
 

 

 

 Reselling & Trading 

♦ - If you resell, you may only resell your design for an equal or lower amount to what you paid for it. This is subject to change if the design comes with additional art that you have commissioned. 
Please come to me for appraisal of the worth of the design so I may confirm before selling for a higher price.

♦ - If you (and only you, this does not include art others have purchased, or any trades or gift art, or any artwork you have created yourself) have purchased the additional art, and the artist you have purchased it from allows for the resale of commissioned work, you may add that on to the resale price. Please confirm with commissioned artists if it is alright for the resale for their work. 

The price resets to the default listed price when the design changes hands. 
IE: Person A has purchased a design for $200 and has commissioned $50 worth of art that they have paid for themself. 
Person A can resell the design to person B for a total of $250 maximum (the design plus the commissioned work)
Person B cannot resell the design for $250 since they did not purchase the commissioned work originally. They may only resell for a max of $200.
If person B commissions work, they may add that on to the total price, but only if person B was the one to pay for it.

♦ - Please do not charge extra for any gift art or trade art you have obtained, or any art you yourself did not pay for.

♦ - Rights to all artwork of a design transfer to a new owner when traded, even if you originally paid for it.

♦ - You may trade designs for vouchers or other designs exceeding the original sales price, but please be reasonable.

♦ - You can resell a design you received in a trade only if it was originally obtained through monetary means, and you may not exceed that listed price for any reason, even if there is additional art (unless you meet the requirements stated above)
 

 

 

 

Artist Rights

 

 

Being blacklisted:

- If you own designs by me and you are blacklisted, you can keep the designs and continue to use them, there is no "take back" penalty unless...

-- In the event of PayPal charge back, if the design is refunded, I retain rights over it and permission to resell or repurpose said design. If the chargeback is not your doing you must contact me immediately to work things out or else I will have to take action. This is the only time the design will return to me, as it has not been paid for.

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-- In the event of a scam I may also be able to take action depending on the circumstance. This is rare but is something to be aware of. You may be required to reverse any trades that have been shown proof of being a scam. Be careful who you trade with and be sure to confirm all trades are legitimate. There is only so much I can do in situations like this.


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- Blacklisted means you cannot participate in auctions and other events or sales involving purchasing from me, as well as commissions. You still own the design or artwork, but you can no longer involve yourself with me or my sales.

- You can make an appeal if you've been blacklisted in the past, this will be handled on a case by case basis.

 

 

Custom information

♦ - Custom slots cannot be traded, if you purchase or otherwise receive a custom slot from me it is bound to you.

♦ - Read all relevant information given at the time of custom slot purchase

♦ - Custom slots cannot be traded, gifted, or resold without discussing with me prior, and if I have not started on the design

♦ - There will be not refunds given for purchased custom slots or finished custom designs unless I am unable to complete the work

♦ - Time for completion of custom varies greatly, for a loose ETA I can say 2 weeks as a minimum to upwards of 4+ months, it is highly dependent on communication between commissioner and artist, and on other work in queue, you can check my queue on my front page

♦ -  WIPs can be given on request, there will usually only be 1 approval period at the sketch stage and 1 at the color stage, if any large changes are requested after this point it will incur and extra charge.

♦ - Custom openings will be through journals or the occasional auction. 

 

Wait list Terms:

♦ - If you're seeking custom or commissioned work from me, you may ask to be placed on my wait list, which you can view on my trello. 

♦ -  Please keep in mind that the wait list is indefinite, and it may be a long time before I get to you. However, you are in no way required to commit to the wait list and you may ask to be taken off of it at any time.

♦ - When the slot opens up and I am feeling able I will come directly to you and ask if you'd still like the slot, you may choose not to take it if you are no longer interested. The wait time, again, is indefinite and it may be a very long time before a slot opens up. 

♦ - You do not pay for the commission or custom until I get to you!
 

 

These TOS are subject to change, and this page will update when that happens. 

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(Base TOS referenced from AgentCorrina) 

 

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Breaking the rules of any of my TOS will result in being placed on my personal greylist or blacklist. Please read through these terms fully!