Terms of Service


Authors
mikashida
Published
1 year, 3 months ago
Stats
1443

Last updated: 03/11/2023 @ 12:18

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Terms of Service

REGARDING NFTS: You do NOT have the right to mint/sell Mikashida's art as an NFT, even if you are a customer. Should a customer or another party mint Mikashida's work as an NFT, legal action will be taken.

By owning or purchasing any artwork or design from me, Mikashida (obtained via direct payment, trade, sale or otherwise), you are automatically agreeing to all of the terms listed below. These terms have been put in place to protect all parties involved. Breaking any of these terms will result in a warning and if deemed necessary, you can be blacklisted from purchasing art or other goods created by Mikashida in the future.

1.0 General rules regarding all illustrations and character designs

  • You do not have the right to claim any of my art or designs as your own.
  • You do not have the right to copy, trace, heavily reference or recolour any of my art or designs.
  • You do not have the right to copy or heavily reference any of my original characters.
  • You may not resell my art commercially or otherwise, unless previously agreed upon. You may not use my art in a commercial context.
  • I accept only USD (US Dollar) through Paypal for commissions, unless otherwise has been communicated between the client and I.

1.1 Rules and terms regarding commissions

  • I will only start working on your commission once full payment has been received.
  • All prices are flexible. The price of a piece may increase or decrease depending on the design of a character or other details in the requested piece; prices listed on this site are only estimates. You may contact me for a free quote anytime.
  • I do not offer payment plans for commissions. I offer payment plans on custom designs over $150USD.
  • If you require your piece be finished before a certain date (i.e. as a gift for a birthday, anniversary, etc), let me know before paying and we can work something out. I reserve the right to apply a rush fee depending on how much time I have to finish your commission.
  • I only take visual references, i.e. character references, or an image of a character you would like drawn. If you have a specific pose/composition in mind, I strongly encourage you to sketch it out and send it to me! It'll be much more helpful than a detailed description.
  • You may use commissioned artwork for personal use and personal use only. You may not use commissioned work for commercial purposes (i.e. selling it on a t-shirt, as stickers, etc.) unless it has been previously discussed with me.
  • You are free to ask about your commission status whenever you desire! I will always send one WIP of the sketch, but if you would like more WIPs, you must let me know as it can slightly dwindle progress.
  • I will take artistic freedom with your commission unless you explicitly specify that you do not want me to.

Generally, turnaround time for the completion of a commission can vary depending on what type of commission it is, ranging from within the week to approximately a month and a half. If anything may get in the way of this, I will let you know as soon as I can. This statement does not apply if I have communicated a different timeline.

1.2 Reposting

If you are the owner of a piece done by me (a commission or a design), refer to the following terms:

  • Unwatermarked high resolution versions will be sent directly to the commissioner or the buyer of a design.
  • Please do not repost the high quality version of the piece, or a version without a watermark. If possible, I prefer you to repost the piece at a resolution of 75% or lower. This does not apply to pixel art.
  • My toyhou.se is shida. If you use toyhou.se, please link back to me on that site.
  • Please do not use my art as your brand or logo. I do not offer graphic design services for things like logos at this time.

If you are not the owner of a piece done by me, none of the previous terms apply to you. Refer to the following:

  • Anyone can repost art done by me, so long as the art was not created for someone else (i.e. a commission or a design). Credit must be visible in the caption, or the piece must be visibly linked back to me.
  • You may use my art as an icon as long as the art was not created for someone else. Credit must be visible somewhere on the same page that the icon is visible.

Failure to follow the above terms will result in DMCA action if you are not the owner of a piece done by me.

2.0 - Character Design Terms

2.1 Payment Related

  • I offer payment plans for character designs priced at $150USD or more.
  • I do not offer holds at this time, when purchasing or bidding on a design by me please ensure you are prepared to pay for the design within 48 hours.
    • This can be negotiated as long as communication is clear and consistent.
  • If you do not get back to me within 48 hours about purchasing a design, I will relist the design for adoption/re-auction.
  • Refunds are not available for designs once full payment has been made.

2.2 Owning a Design

  • I will send you the full resolution file without a watermark upon full payment. This is your proof that you own the design. Do not repost this image anywhere on the internet at its full resolution, scale the image down if you are posting it on a public site such as Toyhouse.
    • Keep this file safe and secure, and consider backing it up on a private storage website such as Google Drive or Dropbox. If you lose this file, you will no longer have proof that you own the design. This is to ensure theft and scams do not occur.
    • You may privately share the full resolution image if you are commissioning artwork of the design.

2.3 Reselling

  • Please notify me through Toyhouse if you are rehoming a design.
  • When reselling a design, you may not sell it for more than what you initially paid, unless there is additional art accompanied with the design.
    • When reselling a design with additional art, please be reasonable with the resell price. Gift art of the design and art made by yourself of the design may go toward the resell price within reason (for example, don't price a sketch that comes with the design at $70). I am basically asking that you do not price gouge my designs.
  • You may not auction designs made by me.

I will not be responsible and I do not owe monetary compensation if you have been scammed by a fake reseller. This subsection of my TOS has been written to prevent theft and scams as much as I possibly can.

3.0 - Refund Policy

If I have not started your commission, I will refund you in full. However, if I have started but not completed your commission, I will partially refund you depending on how much of the piece I've finished. If your commission is over 75% done, I will not refund you.

During the commission process, I will send you one WIP (work in progress) to make sure you are fully satisfied with the concept. You may always ask for more WIPs if you'd like. Should you be unsatisfied with your commission once it has been finished, please contact me and we can try to work something out! I will gladly correct any mistakes/make minor edits, but I will not fully redo your commission.

I will draw

  • Ferals, furry, humanoid, and/or humans
  • Any and all body types
  • Artistic nudity, public displays of affection (18+ characters only for romantic or suggestive affection)
  • Fanart (may depend on franchise)
  • Moderate gore and/or blood, some horror elements
  • Small groups of characters
  • Most weaponry (handguns, knives, bows)

I will not draw

  • Hateful or offensive imagery
  • Extreme/heavy gore
  • NSFW depictions of characters that are minors (17 and/or under) including artistic nudity
  • Characters that appear to be young/act very childlike but are adults/characters that can be or are referred to as "sh*tas" or "l*lis"
  • Hyperrealism of any kind
  • Hyperdetailed mechs or armor
  • Unsanitary themes

You are free to inquire about anything not listed, or for any clarifications needed. Some points may be negotiable; for example I may consider drawing large groups of characters depending on the species, or a more complicated weapon such as a rifle. None of the NSFW-related points are negotiable however, do not even try.

I reserve the right to refuse business for any reason.