HeavenScorn's Terms of Service
Uploaded 3/28/2023 - Reusing an Older Bulletin since Timing was not Ideal.
Decided to make a Terms of Service finally. Click on the headers below to view different sections.
Sections will have subsections that aren't collapsible.
My ToS generally work both ways - if these are expectations of you, they're expectations for myself too, and vice versa.
Art
When Ordering
As the Artist, I May Turn Down Any Commission for Any Reason I See Fit.
I May Provide a Reason Upon Request, but I Am Not Required To.
A Clear, Flat (or Mostly Flat) Reference Will Be Provided to Me.
If I Do Not Feel I Can Accurately Draw Your Character Based on the Reference(s) Provided, I Have Every Right to Decline.
The Same Applies if I Do Not Feel I Can Accurately Draw Your Character in General.
My Artwork May NOT Be Used Commercially.
I Will NOT Use Commissioned Artworks Commercially.
Payments
USD Payments Are Always 100% Up front.
Character Trade Payments will be Received After the Work is Done.
Art Trade Payments will be Received at Your Discretion. I Will Not Provide an Unwatermarked Version of the Work Until After Your End is Completed.
Refunds Are NOT Available UNLESS I (The Artist) Offer to Provide a Refund.
Timeline
I Will Provide Estimates as to When I Start the Commission and Progress on the Commission.
These Estimates are NOT a Hard Deadline.
WIPs Will be Provided at My Discretion, or When Requested by the Buyer.
Deadlines Must be Discussed BEFORE Payment is Sent.
If a Deadline is to be Established Mid-Work, it Must be Agreed on by Both Me and the Buyer.
Short Deadlines Can NOT Be Hard Deadlines, However I WILL Still do My Best to Meet Them.
Failure to Meet a Hard Deadline (When Agreed Upon) will Result in one of the following.
a. For Paid Works, a Full Refund Will be Provided to the Buyer, as Well as the WIP Pieces.
b. In Case of a Trade, the Character Owner will be Permitted to keep Any Completed and WIP Works, as Well as Whatever They Were Trading. I Will Not Require Compensation, Though the Owner is Welcome to Offer.
Work in Progresses
WIPs Will be Provided Upon Request, or at My Discretion.
Buyer is Welcome to Request Changes at Any Stage of Progress.
Buyer is Permitted to Request Changes up to 24 Hours After the Completion of the Piece.
Changes Must be Reasonable for their Stage of Progress, Unless a WIP for Previous Stages Was Not Provided.
Certain Art or Custom Types May be Excluded from These Terms. This Will be Stated Clearly Beforehand.
I Strive to Portray / Draw Characters as Accurately as Possible, Do NOT be Afraid to Ask for Corrections!
DesignsAs the Artist, I May Turn Down Any Commission for Any Reason I See Fit.
I May Provide a Reason Upon Request, but I Am Not Required To.
A Clear, Flat (or Mostly Flat) Reference Will Be Provided to Me.
If I Do Not Feel I Can Accurately Draw Your Character Based on the Reference(s) Provided, I Have Every Right to Decline.
The Same Applies if I Do Not Feel I Can Accurately Draw Your Character in General.
My Artwork May NOT Be Used Commercially.
I Will NOT Use Commissioned Artworks Commercially.
Payments
USD Payments Are Always 100% Up front.
Character Trade Payments will be Received After the Work is Done.
Art Trade Payments will be Received at Your Discretion. I Will Not Provide an Unwatermarked Version of the Work Until After Your End is Completed.
Refunds Are NOT Available UNLESS I (The Artist) Offer to Provide a Refund.
Timeline
I Will Provide Estimates as to When I Start the Commission and Progress on the Commission.
These Estimates are NOT a Hard Deadline.
WIPs Will be Provided at My Discretion, or When Requested by the Buyer.
Deadlines Must be Discussed BEFORE Payment is Sent.
If a Deadline is to be Established Mid-Work, it Must be Agreed on by Both Me and the Buyer.
Short Deadlines Can NOT Be Hard Deadlines, However I WILL Still do My Best to Meet Them.
Failure to Meet a Hard Deadline (When Agreed Upon) will Result in one of the following.
a. For Paid Works, a Full Refund Will be Provided to the Buyer, as Well as the WIP Pieces.
b. In Case of a Trade, the Character Owner will be Permitted to keep Any Completed and WIP Works, as Well as Whatever They Were Trading. I Will Not Require Compensation, Though the Owner is Welcome to Offer.
Work in Progresses
WIPs Will be Provided Upon Request, or at My Discretion.
Buyer is Welcome to Request Changes at Any Stage of Progress.
Buyer is Permitted to Request Changes up to 24 Hours After the Completion of the Piece.
Changes Must be Reasonable for their Stage of Progress, Unless a WIP for Previous Stages Was Not Provided.
Certain Art or Custom Types May be Excluded from These Terms. This Will be Stated Clearly Beforehand.
I Strive to Portray / Draw Characters as Accurately as Possible, Do NOT be Afraid to Ask for Corrections!
General Rules
I Will Never Revoke a Design for [Almost] Any Reason.
The Only Exception to the Above Rule is SCAMMING. If Your Payment was Illegitimate, then You Do NOT Actual Own the Design. It Will be Taken Back, or Returned to the Rightful Owner.
My Designs must be Properly Credited to Me.
DO NOT TAKE HEAVY INSPIRATION OR COLOR PICK MY DESIGNS (OR MY CHARACTERS !!!!)
If You Take Any Inspiration From My Designs, I Should NOT Be Able to Tell Without Context.
If a Design I have Made has a Uniquely Defining Feature, Do Not Use It Without the Owner's Permission. Or at the Very Least, Make it Unique from the 'Source'. (Unique being its OWN TWIST ON THE CONCEPT, Not the Same Trait on a Different Design.)
As The Owner, You May
Redesign in any Manner of your Choice.
Use Commercially. It's Yours Now, Do What You Want. (However, You MUST Credit Me for the Character's Design, and It MUST Be YOUR Own Artwork, or Artwork You Have Permission to Use Commercially)
Resell at Whatever Price you Want. (Ideally with Additional Art,,, but not Mandatory. Though Expect Prices to Rise if I See the Latter Happening Often)
You Own the Design, I Don't Control It Anymore.
As The Owner You May NOT
Use My Designs for Illegal or Hateful Type Works.
My CharactersI Will Never Revoke a Design for [Almost] Any Reason.
The Only Exception to the Above Rule is SCAMMING. If Your Payment was Illegitimate, then You Do NOT Actual Own the Design. It Will be Taken Back, or Returned to the Rightful Owner.
My Designs must be Properly Credited to Me.
DO NOT TAKE HEAVY INSPIRATION OR COLOR PICK MY DESIGNS (OR MY CHARACTERS !!!!)
If You Take Any Inspiration From My Designs, I Should NOT Be Able to Tell Without Context.
If a Design I have Made has a Uniquely Defining Feature, Do Not Use It Without the Owner's Permission. Or at the Very Least, Make it Unique from the 'Source'. (Unique being its OWN TWIST ON THE CONCEPT, Not the Same Trait on a Different Design.)
As The Owner, You May
Redesign in any Manner of your Choice.
Use Commercially. It's Yours Now, Do What You Want. (However, You MUST Credit Me for the Character's Design, and It MUST Be YOUR Own Artwork, or Artwork You Have Permission to Use Commercially)
Resell at Whatever Price you Want. (Ideally with Additional Art,,, but not Mandatory. Though Expect Prices to Rise if I See the Latter Happening Often)
You Own the Design, I Don't Control It Anymore.
As The Owner You May NOT
Use My Designs for Illegal or Hateful Type Works.
You May
Draw Gift Art of Characters with Finished Designs.
Ask Questions About Their Stories.
You May Not
Take Any Inspiration. Especially of Unique Features. Especially Color-Picking. Even if the Designer Allows it, I Do Not, and I am the Current Owner.
Make Unsolicited Offers. I Will Have a Bulletin Posted If I Am Open to Offers.
Kin, RP, Make Offspring Of, Make AUs Of, Etc. Any of My Characters. They Are Mine, They Are NOT For Public Use.
Draw Gift Art of Unfinished Designs. (It'd End up in Storage Immediately,,, I'd Feel Bad.)
Draw Fetish-Type Arts of my Characters.
Draw NSFW Of My Characters for Personal 'Use'.
Ignore the Permissions Section of a Character's Profile.
Pings
Most of my Characters are Open to Ping Requests. (Check "Permissions" Box Before Asking)
Anyone on the Ping List Will be Notified When The Requested Character is Open to ACTIVE Offers.
I Do Not Ping Anyone When I Am Only ENTERTAINING Offers on Most/All Characters.
In The Above Case, IF I Do Receive A Considerable Offer, I WILL Ping the Ping List before Possibly Accepting.
Pings are NOT Dibs, and Will NOT Guarantee that you Will get the Character.
It Also Does NOT Override First Come, First Serve. It Will Only Ensure you get the Opportunity to Offer.
Dibs / Promise Backs
Is Only Open to Friends or Previous Owners (If Discussed Before Transfers)
Dibs Double as a Ping.
Dibs Override First Come, First Serve.
Promise Backs Double as Dibs.
Promise Backs Must be Determined Before Sale to be Definite.
Promise Backs can be Requested Post Sale, but are not Mandatory to Accept.
Characters with Promise Backs will be Off Limits in EO Posts, or Have a Special Note.
Characters with Promise Backs will Require Confirmation from Previous Owner Before Being Made Publicly Available.
Co-Ownership
Is Only Open to Friends.
Is Generally Done as Co-Own for Co-Own
Offered Co-Own is consider Payment for the Received Co-Own
Any Cancellation of Co-Ownership Requires Discussion Beforehand, to Determine Appropriate Compensations Where Applicable.
Co-Ownership if for the Design of the Character Only. Name, Story, Species, Etc. Do Not Need to Match.
Redesigns for Co-Owner Use is Permitted, but Artwork of the Alternative Design is still Considered Art of the Co-Owned Design.
Co-Owner Receives Dibs Automatically, if not Over-ruled by a Promise Back.
Fate of a Received Co-Own must be Discussed if Co-Owner Seeks to Become Main Owner.
Any 'Breedables', Similar-Looking 'Related' Characters, or any form of New Design Derived from the Co-Owned Design by the Co-Owner is NOT Permitted Without Prior Discussion.
Co-Owner's May Create a Separate TH Profile for the Co-Owned Character, As Long as a Label or Tag Declaring it as "Co-Owned" is Present.
All artwork obtained of the Co-Owned Character must be Shared between Main Owner and Co-Owner, even if of an Altered Design.
It is up to Main Owner and Co-Owner's Respective Discretions what they Want Uploaded in their Respective TH Pages.
Failure to FollowDraw Gift Art of Characters with Finished Designs.
Ask Questions About Their Stories.
You May Not
Take Any Inspiration. Especially of Unique Features. Especially Color-Picking. Even if the Designer Allows it, I Do Not, and I am the Current Owner.
Make Unsolicited Offers. I Will Have a Bulletin Posted If I Am Open to Offers.
Kin, RP, Make Offspring Of, Make AUs Of, Etc. Any of My Characters. They Are Mine, They Are NOT For Public Use.
Draw Gift Art of Unfinished Designs. (It'd End up in Storage Immediately,,, I'd Feel Bad.)
Draw Fetish-Type Arts of my Characters.
Draw NSFW Of My Characters for Personal 'Use'.
Ignore the Permissions Section of a Character's Profile.
Pings
Most of my Characters are Open to Ping Requests. (Check "Permissions" Box Before Asking)
Anyone on the Ping List Will be Notified When The Requested Character is Open to ACTIVE Offers.
I Do Not Ping Anyone When I Am Only ENTERTAINING Offers on Most/All Characters.
In The Above Case, IF I Do Receive A Considerable Offer, I WILL Ping the Ping List before Possibly Accepting.
Pings are NOT Dibs, and Will NOT Guarantee that you Will get the Character.
It Also Does NOT Override First Come, First Serve. It Will Only Ensure you get the Opportunity to Offer.
Dibs / Promise Backs
Is Only Open to Friends or Previous Owners (If Discussed Before Transfers)
Dibs Double as a Ping.
Dibs Override First Come, First Serve.
Promise Backs Double as Dibs.
Promise Backs Must be Determined Before Sale to be Definite.
Promise Backs can be Requested Post Sale, but are not Mandatory to Accept.
Characters with Promise Backs will be Off Limits in EO Posts, or Have a Special Note.
Characters with Promise Backs will Require Confirmation from Previous Owner Before Being Made Publicly Available.
Co-Ownership
Is Only Open to Friends.
Is Generally Done as Co-Own for Co-Own
Offered Co-Own is consider Payment for the Received Co-Own
Any Cancellation of Co-Ownership Requires Discussion Beforehand, to Determine Appropriate Compensations Where Applicable.
Co-Ownership if for the Design of the Character Only. Name, Story, Species, Etc. Do Not Need to Match.
Redesigns for Co-Owner Use is Permitted, but Artwork of the Alternative Design is still Considered Art of the Co-Owned Design.
Co-Owner Receives Dibs Automatically, if not Over-ruled by a Promise Back.
Fate of a Received Co-Own must be Discussed if Co-Owner Seeks to Become Main Owner.
Any 'Breedables', Similar-Looking 'Related' Characters, or any form of New Design Derived from the Co-Owned Design by the Co-Owner is NOT Permitted Without Prior Discussion.
Co-Owner's May Create a Separate TH Profile for the Co-Owned Character, As Long as a Label or Tag Declaring it as "Co-Owned" is Present.
All artwork obtained of the Co-Owned Character must be Shared between Main Owner and Co-Owner, even if of an Altered Design.
It is up to Main Owner and Co-Owner's Respective Discretions what they Want Uploaded in their Respective TH Pages.
Failure to Follow
Actions Taken will be Determined by the Frequency and/or Severity of the Breakage.
Restrictions will depend on the ToS Broken.
No Watchlist or Blacklist will be Made Public.
Scamming of any sort will be an Automatic Blacklist + Block
Actions Taken will be Determined by the Frequency and/or Severity of the Breakage.
Restrictions will depend on the ToS Broken.
No Watchlist or Blacklist will be Made Public.
Scamming of any sort will be an Automatic Blacklist + Block
Comments