★somniak's terms of service/use★

Posted 2 years, 3 months ago by somniak

By commissioning or buying from me, somniak, you, the buyer, agree to these terms.

If you have resold, regifted, or retraded your design, make sure that the new owner agrees to these terms. These terms will be linked in every character's terms of use.

To keep it short, don't flip my designs, keep them recognizable, and have fun with them!

TERMS OF SERVICE (COMMISSIONS AND CUSTOMS)

  • I reserve the right to refuse service.

  • I reserve the right to cancel/refund service for any reason.

  • I will not draw anything illegal, bigoted, hurtful, or anything else immoral.

  • Always give me credit for my artwork. I retain full rights to the product itself. As it is a digital item and not a tangible one, you only purchase the rights to use, share, and display the work (with credit to myself). Because I (somniak) retain the creative and intellectual rights to the product, you may not lay your TOS over the product, especially if it contradicts my own TOS.

  • You must provide me with some sort of visual reference for the character, preferably in the form of a reference sheet. I will not start the art commission when there's no visual reference provided.

  • Only send me payment once I confirm your request.

  • Do not falsify the worth of the artwork you have commissioned from me. If a commission option is either USD or virtual, you may list the value of the piece as the other provided option (this is to make sure that the value is the same no matter the rate of inflation within the virtual community).

  • Any USD payments must go through either PayPal or KoFi. If paid through Goods and Services, you must cover the fee so I receive the total of what was promised. Payment must be sent before the commission is started. 

  • Payment will be accepted right away for both commissions and customs, and will be non-refundable after I start unless I say otherwise. Keep this in mind if you need the money for something else.

  • If I am hit with any sort of chargeback, any art I've made for you will be taken down, and I will be forced to warn others about the situation. Please keep in mind that this is not only to protect myself, but to protect others as well.

  • You are entitled to see work in progresses. 

  • In the event that you'd like revisions upon your commission, you are allowed 2 revisions unless I have specified otherwise. I'll do my best to make sure that your art is to your liking, but I do not have the time or patience for nitpicking. Completed work is non-refundable. If you are unhappy with the art you've received, please let me know and I will attempt to correct it. Any specific info, like poses, expressions, and outfits needs to be known to be before payment is accepted.

  • Our method of contact may be screenshotted in order to keep receipts of the transaction and commission. However, this is the only part of our conversation that may be recorded without prior consent from me. 
  • Your commissioned artwork may be posted on my socials unless you have asked otherwise.
  • You must ask for my permission to repost any art commissions I make for you, and you must credit me and you may not remove my signature.
  • You may use my artwork as icons/avatars, just make sure to credit me.

TERMS OF USE (DESIGNS)

  • I will only hold designs for 24 hours from the time requested for the hold. After that, you lose your claim to the design.

  • All designs must be credited to my ToyHouse account. Never claim them as your own.

  • You are not allowed to change a design's terms of use. 

  • YOU MUST CHECK THE SPECIFIC DESIGNS TERMS OF USE. I will have it listed if they are able to only be gifted, traded, or resold. When applicable, please abide by any additional rules I apply to a particular design.

  • You may sell my designs unless you got them as a gift or from a raffle (but please contact me if you need to get around this, I'm pretty understanding). Gifts or raffle designs can be sold if they have additional artwork (with the obvious effort put in). Just don't flip my designs.
  • Designs may be altered to fit your style better, but please don't change it too much without contacting me first! I must still receive credit for the design, no matter how big of changes are made. If you want to transfer your character to a closed species, please contact me so I can give you proof! Make sure you are following my terms and the species' terms, and that I am still credited for the design.

  • You do have the right to resell, trade, or gift the rights to use an adoptable as long as it does not violate this TOS.

  • Users that are currently blacklisted may not purchase or otherwise obtain designs directly from me (somniak) or from current adoptable holders, under any circumstances. Please double-check that a potential purchaser is not listed on my blacklist! If I find that you knowingly sold a design to someone on the blacklist, you will automatically be blacklisted by association. 

Terms of service and use are subject to change and/or revision at any time.

Changes may be discussed if it is something significant that wasn't agreed upon at the time of purchase. Otherwise, you are expected to review and follow the updated TOS. Please make sure to check back here occasionally! Failure to uphold this TOS may result in being placed on the watch list, or being blacklisted without warning, and the rights to use or display the product revoked.

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