Δ [Smooshkin's ToS]

Posted 5 years, 11 months ago by smooshkin

Smooshkin's Art and Adopt TOS


By purchasing my services or a particular design of any IP I own, you automatically agree to the following terms and conditions.



ADOPTS and CUSTOMS
By purchasing designs from me, you are purchasing my labour and a partial right to the design. I retain ALL copyrights over my work, which include right to redistribute, reproduce or use the image as a sample for sales or self-promotion.

  • I claim all rights to the IP, but I will not reuse/resell the design again for personal or commercial projects. (Unless it is reclaimed for any reason or I am commissioned to draw it with your permission.)
  • I reserve the right to reject sale for any reason.
  • I reserve the right to reject your custom proposal without question.
  • I reserve the right to modify and resell any rejected/refunded designs to be sold at a later date.
  • You may use designs purchased from me for any personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display.
  • The commissioner may upload the work done to their site as long as it is credited and linked back to any of my main galleries.
  • You may not claim the work or the IP to be your own or set it up for redistribution. You may not use it for any external projects without my permission, commercial or non-commercial.

RESALES
This section is in regards to designs or IP you have purchased from me and wish to re-home, trade or resell.

  • You are allowed to resell designs or customs you purchase from me at any price at any time. (This includes any and all closed, open or one-off species.)
  • You may resell my designs, customs and adopts received in trades or sales for any price at any time.
  • Gifts can be resold with my written permission.
  • You may not resell MYO credit received on Patreon via pledge benefits to anyone.
  • You may sell Designed MYOs or adopts you have created of my species for any price at any time.
  • You may resell MYO tickets (undesigned MYOs) for the price you paid. Only designed MYOs may be traded.
  • You may use designs purchased from me for any personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display.
  • The commissioner may upload the work done to their site as long as it is credited and linked back to any of my main galleries.
  • You may not claim the work or the IP to be your own or set it up for redistribution. You may not use it for any external projects without my permission, commercial or non-commercial.

COMMISSIONS
By purchasing art and illustrations from me, you are purchasing my labour and a partial right to the design and art. I retain ALL copyrights over my work, which include right to redistribute, reproduce or use the image as a sample for sales or self-promotion.

  • I claim all rights to the art, but I will not reuse/resell the art again for personal or commercial projects. (Unless it is a sample used in self-promotion.)
  • I reserve the right to reject sale for any reason.
  • I reserve the right to reject your commission proposal without question.
  • I am not responsible for edits, changes or details not mentioned in the commission scope or character's reference.
  • I reserve the right to modify and resell any rejected/refunded designs to be sold at a later date.
  • You may use art purchased from me for any personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display.
  • The commissioner may upload the work done to their site as long as it is credited and linked back to any of my main galleries.
  • You may not claim the work to be your own.
  • You may use it for any projects, commercial or non-commercial. (Provided you stated your intent in your commission proposal to use it commercially.)

PAYMENT
This section is in regards to all payments for my services and labour.

  • I do not accept full refunds after I have begun working, however, this is completely up to my sole discretion.
  • I expect a down payment for payment plans of at least 25% of full payment. I will re-possess the character if you fail to adhere to our plan and will not refund you if you fail to complete the full plan, for any reason.
  • Payment plans will not exceed 30 days unless I agree to another timeframe.
  • Holds are never guaranteed if you do not provide me a date.
  • Payments must reach me in USD. (Via Paypal)
  • I reserve the right to refund you if I cannot complete your commission in a reasonable timeframe. (This should never, ever happen and never has, but just in case.)


This document can and will be edited at any time without the need of further notice.

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