Terms of Service


Authors
Seruverse
Published
1 year, 8 months ago
Updated
1 month, 14 days ago
Stats
3 2168

Chapter 1
Published 1 year, 8 months ago
1884

Read and agree to this stuff before doing business with me.

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Author's Notes

12-24-2022 edit: Rules were added for free to use designs.
-Free to use designs can be used the same way as a purchased/traded design unless they are an open species. In this case just use the species tos instead of mine. Keep in mind that other people have the same right to use the design that you do, so don't do anything to prevent them from doing so (ex: If you turn a free to use design into a vtuber model you cannot prevent someone else from doing the same).

Terms of Service (10-5-2022 to 4-22-2024))


Terms of Service

Disclaimer

-By purchasing my services (art), you automatically agree to the following conditions.

-Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.

-If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.

-NFT usage is strictly forbidden.

User Agreement

-By commissioning me, you agree that you have read and accepted all the terms described herein.

-You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.

-Violators will be added to my blacklist indefinitely and may or may not be warned.

General

-You, the Client, will be expected to first read my TOS and understand my general Commission Prices.

-You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.

-You may not upload or host my work in any gallery that is intended to display your own work only.

-You may not claim my work as your own.

-You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.

-You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale).

-You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.

-In the case of an adoptable or custom, you retain the rights to the character design. The character design may be used for commercial projects

-You are NOT authorized to change, modify, edit or use my works without my permission.

-You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.”

-Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.

-By placing an order, you agree to these terms and conditions. Please read these terms carefully.

Artist

-By commissioning me, you are purchasing my service as an artist only.

-I reserve the right to post your finished artwork in my gallery for any reason.

-I reserve the right to decline any project or client for any reason.

-I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.

-I reserve the right to reuse rejected concepts for custom made characters as long as they are not unreasonably close to the final design.

I Will not do the following

-R18 (a suggestive design is fine, but I will be drawing Barbie/Ken doll anatomy), detailed robots/mechanical designs, hyper anatomy, detailed gore (candy gore and horror themed designs are fine, I'm just not drawing a bunch of accurate organs), fetish art (a drone design, or a character in a pup hood is fine) or anything else that makes me uncomfortable

Commercial Use/Copyright

-You may request permission to use my art for commercial use at any time, and an agreement will be decided upon then.

-You may use any design you've purchased from me for any commercial project you desire.

-I reserve the right to sign and/or watermark my own work. My signature may not be removed, but I will provide an unsigned version. Regardless of if my signature is present on the art or not I must be credited wherever the art is posted.

-Adding additional watermarks/signatures to finalized art is discouraged but allowed.

-You are responsible for protecting your ownership over rights to a character design made by me.

-I reserve the right to post the art I created wherever I please, but I cannot resell the design once ownership has been transferred to you.

Commissions

Ordering

-You are expected to provide a written prompt for your custom. A visual prompt such as a moodboard or color palette are strongly encouraged, but not mandatory.

-Requesting a slot for a custom can be done anywhere an advertisement for them is posted, but it is recommended that prompts are sent through Instagram, Twitter, or Discord to make the process or sending messages back and forth go faster.

-After your custom/commission slot is confirmed you will be given the option to pay half of the price before I start working and the rest after the custom is finished, or pay the entire price of your custom before I start working.

Payment

-Currently all payments must be in USD sent through Paypal.

-An invoice will be sent when your order has been accepted and your payment option (half before and half after or all before) has been chosen. I will start work after the invoice has been paid.

-I am not responsible for any mistakes that are made on your part over the course of the transaction.

-I will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.

-Payments via Paypal are sent via Invoice method only unless otherwise stated. I will cover the Paypal fees as it is expected from the Artist per PayPal ToS. What you see is what you will have to pay.

-If payment is not made in a timely manner (48h) after I've placed the Invoice, the commission will be canceled.

Repeated counts of commissioning a project and failing to pay will result in blacklisting.

-For auctions, you are NOT allowed to retract your bid. On your first problematic transaction, you'll receive a simple verbal warning. The next time you back down from the auction you will be blacklisted and refused the opportunity to bid in the future. Only bid if you are sure you can pay your bidding.

Paypal Disclaimer

-Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client.

-Nothing is ever intended by either me or the Client, to be physically shipped to them.

-I am not required ever to ship any item unless it was explicitly discussed.

Refunds

-I can refund 100% of the payment only if I have not started working on the custom.

-Once I start working on the custom refunds are at my discretion.

-Refunds of premade designs are at my discretion.

-If I cancel a project, I will reimburse the lost fees and you will be fully refunded.

Chargebacks

You are NOT authorized to issue a chargeback for any reason.

-If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.

-You are required to contact me when you need to cancel a commission request.

-Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.

-Ownership of the custom or premade design will revert back to me until payment has been returned. I also reserve the right to refuse the payment and keep or resell the design.

Work Speed/Deadlines

-I will usually respond to your order inquiry within 2 days.

-You reserve the right to request a specific deadline before I begin working. A 5-10% price increase may occur with deadlines shorter than 2 weeks.

-Progress updates will be sent regularly with the longest gap between them being 2 weeks. Updates are usually given every 7 days.

-You reserve the right to request a progress update at any time.

-You reserve the right to be notified of any delays.

Revisions and Feedback

-I will regularly send WIP (work in progress) images after payment has been sent.

-These images will be .jpg or .png files sent in dms. It is also possible that I might stream the character design process on discord for live feed back. Streaming is at my discretion, but it may be requested.

-I reserve the right to post the WIP images publicly for any reason.

-You reserve the right to request as many revisions as you want at no extra charge.

-I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.

-Each time I send a WIP to a client, I ask the client to provide feedback to me.

-I reserve the right to reject major revisions (change in species, gender, and/or entire outfit) once I've begun working on the final art. Depending on the severity of the major revision I may also post the rejected design for sale and begin a new one from scratch at no extra charge to you. An example of a severe major revision being you wanted a male cowboy unicorn at first, but decided that you wanted a female cowboy pegasus after I started working on the final art.

Final Product

-There may be slight differences between the samples in my gallery and the illustration that you will receive due to improvements of art quality and the use of different brushes.

-You must respect that I will not attempt to mimic the art style of another artist.

-Credit to me, the Artist, is required when you post or use it on another platform.

-You, the Client, are responsible for saving any information, images, and other digital data I provide.

-Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure or accidental deletion or loss.

-A .PSD and/or .CLIP file may be requested, but is not guaranteed.

-A timelapse may be requested, but it is not a guaranteed part of a commission.

-I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.

-Feedback of the final product is permitted after completion of the piece, through private messages or comments.

-Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.

-I request to be notified if the custom's ownership is transferred to another person.

-I request permission to be given permission to view the toyhouse pages of any design created by me.

Free To Use Assets

-Free to use designs can be used the same way as a purchased/traded design unless they are an open species. In this case just use the species tos instead of mine. Keep in mind that other people have the same right to use the design that you do, so don't do anything to prevent them from doing so (ex: If you turn a free to use design into a vtuber model you cannot prevent someone else from doing the same).