VictoriousBird's TOS

Posted 3 years, 10 months ago by VictoriousBird

By ordering a commission from me, user @VictoriousBird ("the Artist"), you ("the Client", "(s)he/ they") affirm to have read and agree to be legally bound by the following Terms of Service listed below. Failure to abide by the Terms of Service may result in a rejected/ cancelled commission with or without a refund, and/ or a blacklist. Please note that these Terms of Service may be subject to change without prior notice.

These Terms of Service are in effect as of JUNE 17, 2020.

Jump to:
Section 1.1 - Will Draw
Section 1.2 - Will Not Draw
Section 2 - General
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Payment
Section 6 - Refunds
Section 7 - Commission Process

Section 1.1 - Will Draw

The Artist is willing to draw any of the following:

  1. Human(oid) | Kemonomimi | Anthro | Feral
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Real life people* (*only if express written permission of the subject in question is provided)
  5. Pin-up/ Nudity* (*will not do real life people, both characters and commissioner must be over the age of 18 and characters must not look under 18)
  6. Light Gore
    (Ex. Excessive blood, detached limbs, etc.)
  7. Implied Sexual Content* (*will not do real life people, both characters and commissioner must be over the age of 18 and characters must not look under 18)
  8. Explicit Sexual Content* (*will not do real life people, both characters and commissioner must be over the age of 18 and characters must not look under 18)
  9. Heavy gore
    (Ex. Detailed internal body parts)
  10. Characters in appearance of the following age ranges:
    1. Toddlers/ Children
    2. Teenagers
    3. Young adults (18 - 35 years old)
    4. Middle-aged adults (36 - 55 years old)
    5. Elderly-appearing characters (56+ years old)
  11. Any couple type of any sexuality
    This includes but is not limited to:
    1. Canon x OC
    2. OC x OC
    3. Male x Female
    4. Male x Male
    5. Female x Female

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Characters based of on Mental Disorders, Copyrighted Characters, or Stereotypes* (*this is for both customs and commissions)
  2. Mecha* (*depending, Not skilled in it but willing to try)
  3. Sexualized underage characters (in actual age and appearance)
  4. Pedophilic relations
  5. Incestuous relations
  6. Certain kinks/fetishes* (*the Client is asked to confirm with the Artist via DMs beforehand if a certain kink/fetish is acceptable. Please note there will be a proper log for this stuff that will be hidden from minors)

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Section 2 - General

  1. The Artist has a right to refuse the commission for whatever reason, with or without explanation.
  2. The Artist has a right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section 6 - Refunds for more information on cancellations.)
  3. The Client has a right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section 6 - Refunds for more information on cancellations.)
  4. The Artist has a right to upload the commission on any/ all social media (Twitter, DeviantArt, Toyhou.se, Instagram, etc.) unless specified by the Client beforehand to keep the commission private or the commission is NSFW in nature.
  5. Payment is to be made after the Client has approved the sketch. The sketch will be resized and watermarked. The commission will be on an "on hold" status until payment has been received.
  6. The Artist will not work with deadlines or rush orders.
  7. The Artist does not work on a "first come first serve" basis. Smaller commissions/ commissions that do not take much time may be worked on in between larger commissions/ commissions requiring more time.
  8. NSFW commissions may only be ordered by a Client 18 years of age or older. If the Artist has any reason to suspect the Client is underage while asking for an NSFW commission, the commission will be automatically rejected/ cancelled, in addition to a public service announcement being made.
  9. The Client may contact the Artist at any time to ask for a progress check on the commission, but no more than once every two weeks. The Client is encouraged to contact the Artist via social media (Twitter, DeviantArt, Toyhou.se, Instagram) if the Client is unable to reach the Artist via e-mail.

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Section 3 - Image Rights

  1. The Client can not make edits to the completed commission.
  2. The Client can make minor changes to completed designs* (*this includes outfits, hairstyles and slight alterations to skin/hair)
  3. The Client may use/reupload the commission for personal/non-commercial use, but only if proper credit to the Artist (@VictoriousBird) and a linkback to any of the Artist's social media (Twitter, DeviantArt, Toyhou.se, Instagram) is provided.
    1. If the commission includes characters that do not belong to the Client, additional credit to the owner(s)/creator(s) of said characters must be provided when using/ reuploading for personal/non-commercial use.
  4. The Client may not use the commission for any commercial use unless discussed with the Artist beforehand.
    1. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are negotiable.
    2. If the commission includes characters that do not belong to the Client, the Client can not use the commission for commercial use unless explicitly written permission from the owner(s)/creator(s) of said characters is provided.
  5. The Client may not claim the commission as his/her/their own work, whether (s)he/they did or did not make any edits to the commission.
  6. The Artist does not claim ownership to any of the characters/ subjects portrayed in the commission. Characters belong to their respective creator(s).
  7. The Client may use Adopts and Customs for Commercial use without an extra fee.
  8. The Client May not claim the Adopt or Custom as his/her/their own work, whether (s)he/they did or did not make any edits to the Adopt or Custom.

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Section 4 - Delivery/ Turnaround

  1. All commissions will be done digitally.
    1. There will be no hard copies.
    2. The Client is paying for a service/digital good and will not require any shipping of any kind.
  2. All commissions will be done in the style requested.
  3. All commissions will be .PNG with dimensions ranging from 1000px - 3000px+ at 72DPI, unless specified otherwise. Exceptions may be made, depending on the commission.
  4. The Client may ask for a specific canvas size for the commission.
  5. All commissions will be sent via e-mail with the completed commission .PNG file attached.
  6. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media, resized and watermarked.
    1. Commissions will be posted on the Artist's social media after the Client has received and approved the original and unmarked commission file.
    2. The Client may choose to remain anonymous when the Artist publicly uploads the commission.
  7. Depending on the desired style and queue, the estimated turnaround is about one (1) week to two (two) months at the latest.
    1. If the Artist has to take longer than two (2) months to complete the commission for whatever reason, the Client will be contacted and informed of the status of his/her/their commission.

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Section 5 - Payment

  1. Payment is to be made in full up front.
  2. Payment is to be made via PayPal or Kofi
  3. PayPal payment is to be done in USD (American Dollars).
  4. PayPal payment is to be done using invoices. The Artist will require the Client's PayPal e-mail.
  5. The Client does not need to pay extra for any of the PayPal fees.
  6. Payment must be sent within 72 hours after confirmation.

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Section 6 - Refunds

  1. If the Client cancels his/her/their commission for whatever reason, the Client will receive a partial refund, depending on how much of the commission has been finished:
    1. 50% refunded if in the lineart stage
    2. 30% refunded if in the base colours stage
    3. 20% refunded if in the shading stage/ final touches
    4. The Client will not receive any files of the commission.
  2. If the Artist cancels the commission for whatever reason, the Client will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed.
  3. Refunds will be given within 72 hours after correspondence.
  4. The Client will not be refunded if (s)he/they are unsatisfied with the commission.
    1. If the Client is unsatisfied with the commission, the Artist is willing to discuss and make minor edits (ex. adjusting colours), up to a maximum of two (2) times after correspondence. Any desired major revisions (ex. reposing, colour scheme change, etc.) will be rejected.
    2. The only major revisions permitted are details that the Artist may have missed and was specified by the Client in the order form/ correspondence while the commission was still in the sketching/ lineart stage (ex. missing tattoo that's essential to the character's design).
  5. If the Client is unsatisfied with the custom, the Artist is willing to discuss and make both minor edits and major edits. Major edits will be made twice.

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Section 7 - Commission Process

The following is a sample of the Artist's commission process:

  1. The Client orders a commission/custom via a form filled out on it’s respective bulletin/journal or in DMs. An e-mail is required for the Artist to get in contact with the Client. The Client's e-mail will remain private and will not be shared. If DMs are easier please inform the Artist.
  2. The Artist contacts the Client via e-mail within 72 hours after the Client has sent the order form, confirming the acceptance or rejection of the commission. Upon acceptance, the final price and details of the commission is confirmed.
  3. The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage.
  4. The Client approves the sketch. The other 50% payment is to be made (via PayPal Invoice).
  5. Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
  6. Upon completion of the commission, the Client will receive the commission file via e-mail. Only minor changes (ex. brightness, colour adjustments, etc.) can be made at this point. Any and all major revisions (ex. reposing, colour scheme change, etc.) will be rejected.
  7. If permitted, the Artist posts a resized and watermarked version of the commission on social media.

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