Terms of Service

By accessing my Toyhouse account and accepting the profile warning, you agree to this TOS.

My Art

• My art may not be reposted without prior written permission (e.g. Discord DM), unless the art is of or contains your character, in which case you have free license to save and post it as you wish.
• Unless otherwise stated in your character's TOS at the time of my art's publishing, I retain the right to post and use art I create of your character for noncommercial purposes.

My Designs

• When design ownership is transferred to you, you gain full ownership rights. I do not retain ownership.
• I retain a perpetual noncommercial license to art I created of the design (e.g. to post on social media, use in portfolios, show as art samples, etc.).

My Characters

• You may not use any depiction of my characters for commercial purposes.
• You may not depict my characters wearing copyrighted logos, performing illegal actions, or in scenes containing extreme gore (open muscle tissue, exposed bone/cartilage, exposed organs) without prior written permission (e.g. Discord DM).
• By drawing my characters you give me a perpetual license to use and redistribute art containing my characters.
• You may not post any art of characters in the "Friends Only" folder anywhere, under any circumstances, without prior written permission.
  • All characters in the Unsorted folder have a license for any artist to create art of provided that art otherwise follows these terms of service.

Commissions

• Unless otherwise agreed-upon prior to payment, both you (the commissioner) and I retain ownership rights to the art (not the character). Both of us have the right to post and use the commissioned art. You agree by commissioning me to grant me a perpetual license to use your character(s)/commissioned content for the explicit purpose of this commission, and to use that created art of your character for noncommercial purposes (e.g. art samples, to post on social media, etc.).
  • If the commissioner or owner relinquishes the rights to the art (e.g. alongside a character), I always retain perpetual co-ownership rights.
• I reserve the right to refuse a commission for any reason.
• The above terms can be negotiated prior to payment. I may add an additional charge depending on the renegotiated terms.

Legal Details

• The rights to ART are not the same as rights to CHARACTER. This means that, in a scenario where Artist produces an image of a character's Owner:
  • A character is covered under copyright as soon as it exists in a physical form (e.g. is first drawn). This applies even if the owner never files copyright.
  • The Artist has an implied license to depict the character (if that character is advertised as accepting free art, is enrolled in a draw-this event such as Art Fight, is provided as the subject of a commission, etc). The implied license is affected by the terms given (e.g., my Characters section below).
  • The Owner can revoke the implied license at any time, unless otherwise agreed upon. This means that the Artist may no longer use their depiction of the character.
  • However, the Artist also owns the art, as in the physical depiction that they created. The Artist can revoke the license for the Owner to use the art at any time, unless otherwise agreed upon.
  • Therefore, for the Artist's art of the Owner's character to be published, both parties must be in agreement.