NYXX

• Commissioning
• Art-Usage
• Commercial Use
• Appropriate Credit
• Updates
• Extra

Commissioning- By commissioning me, you agree that you’ve read the terms of service- I am an artist whom is under 18 and has created an agreement with their guardians to use their PayPal as a proxy.

Art Usage- You may use the created art (with credit to in an appropriate social media) in the following ways without additional fees (excluding commercial usage):
Profile Pictures, Thumbnails, Reposting in private group chats (discord included)- You may use my art in the following ways with appropriate social media credit, as long as you obtain permission first:
Creating personal merch of my artwork that isn’t shared / resold, Advertising character in case of resell- Editing my artwork is not allowed, which includes but is not limited to:
applying filters to artwork’s file, erasing / cropping watermark, drawing over / using artwork in collaboration with another image (non-collage), having another artist edit artwork without permission
(Cropping my artwork in a way that does not damage the original integrity / watermark is allowed)

Commercial Use- My art may not be used commercially without explicit permission and additional fees- Commercial usage does not transfer alongside owners, and new owners must come to an agreement with me before using said art commercially depending on circumstances, additional fees may or may not be applied- I define commercial usage (in the case of artwork) as the following: Usage that generates profit directly or indirectly by using my original artwork.

Appropriate Credit- Regardless of commercial rights, you must credit all artwork created by me- Prioritize credit through the platform that the art is being shared on
Instagram: Nyxx5792
Toyhouse: Nyxx_
DeviantArt: KaiiyaArt

**In Case Of Updates: **- My TOS may be updated in the future, at my discretion. If you own artwork prior to an update (as of 12/1/22) you may choose to use the current TOS or the newest TOS. If the art is transferred the new owner is required to use the newest TOS.- By interacting with my artwork in any way that may alter ownership (including through commissioning), you agree to the above rules and it is assumed that you’ve read them.- It is my responsibility to state in any commission postings that my TOS is available to read and where to find it, and yours to read it.- If you break my TOS it is my right to blacklist and block you.- My blacklist is a guide to other artists/owners to not interact with you when it comes to my artwork, and that I have a preference towards you not having ownership over them. I will not enforce whether or not the art is transferred to you, as that is the owners right.- Update Clarification: The owner of said artwork is responsible for reading my TOS periodically and updating themselves through the appropriate contact methods on my carrd website. I will not update owners, and it is reccomeneded to read before following through with a new trade / commercial project.- *Cosmetic Updates: Cosmetic updates refer to things such as, but not limited to: Layout changes, Font changes, Order changes, renaming / rewording past rules that does not change the original integrity of said rule, Moving the TOS to a more manacle location.- Additional ToS: This terms of service is limited only to my (and in case of collaboration, collaborated) artwork. A separate TOS applies to factors such as the artwork itself and character designs. If you don’t plan to use character designs provided by me (not including the artwork, but the design itself) than outside ToS will not apply to you and you only need to focus on this one.directly edited from design updates TOS, filling in / replacing information and terms where appropriate

**Extra: **- I reserve the right to revoke art ownership with prior contact, and if appropriate compromise / contact isn’t achieved within 48 hours I’ll remove access to said artwork. this is a last-resort situation, and your negotiation is likely to result in no removal- My designs / artwork may not be used in NFTs or AI generation.- In the case of collaborated artwork you are required to follow each individual artists TOS (if they overlap or contrast, contact the artists in question for help).edited from design TOS, primary difference is removal of ownership
following is new:- I reserve the right to change my commission prices at any point without prior notice, which may or may not result in prior commissioners having payed more or less than others- Free artwork (ex. requests), Traded artwork (ex. trades) and Commissioned artwork will all follow my artwork TOS without exceptions- Value can be added onto the character equal or less than the price paid. Artwork obtained through trade / gift will not add any value to the character- I reserve the right to repost artwork at any point, which includes portfolios (both professional and casual)

• Ownership
• Co-Owning
• Transfer-Ship
• Commercial Use
• Updates
• Extra

Ownership- The design must stay on toyhou.se under the original profile at the time of creation (no deleting the profile + reuploading it).- The new owner must have a toyhou.se, the design may not be transferred to someone who does not have a toyhouse account.- The profile must be under the ownership of the current owner.

Co-Owning
Co-owning is allowed with the following restrictions:- Both owners must agree to trading the design to one person. You cannot trade one part of the ownership.- You may not “revoke” partial ownership, co-owning is equal between all parties.- The original profile must be kept, and additional profiles may be linked to one another.
If the co-owned design is transferred the other profiles must be deleted and the original profile transferred.

Transfer-ship:- My designs may not use Amino for transfership. Likewise, my designs may not be sold for amino coins (commissioning art of my designs through amino / using amino coins to commission is perfectly fine).- The following apply only to people who have directly obtained one of my designs through me:
*Gift/Raffle designs have a 2 month cooldown for reselling, and a 2 week cooldown for trading.
This is to prevent any profit-flipping.
There is no regifting cooldown.- My designs have a base value of $5 and can be resold for that price (as long as it follows gift/raffle cooldown rules).- My designs can be sold for their total value, which includes the original value of bought commsions or personal art. Gift/Trade/Game art does not add to the value of the character..Commercial Use:- Commercial use is allowed as long as it meets the following guidelines:1. Is not a studio-run project and is not mass-producedStudio run projects include, but aren’t limited to: Films longer than 5 minutes with original audio, company-ran projects that are not owned directly by small artists (ie. Netflix, Disney, etc).- Mass-produced projects include, but aren’t limited to: Toy lines (does not include one-time projects like Kickstarter that have a limited quantity), Non-handmade goods, items that work directly with a manufacturer that requires detailed coordination (such as custom leather bag makers)
note: products that use sites like Vograce are completely allowednote 11/19/23: the outfit / accessories of a character may not be sold separately, which includes both digital and physical goods- My artwork (Ie. The original character’s files) may not be used commercially unless you’ve obtained permission.- The character may be used for monetary earnings, whether it be through direct profit (Ie. Stickers) or indirect profit (Ie. Vtubing).- If the design is transferred any commercial works will not be transferred to the new owner
(Ie. They cannot use the designed stickers from a past owner to generate profit).

**In Case Of Updates: **- My TOS may be updated in the future, at my discretion. If you own a design prior to an update (as of 12/1/22) you may choose to use the current TOS or the newest TOS. If the design is transferred the new owner is required to use the newest TOS.- By interacting with my designs in any way that may alter ownership, you agree to the above rules and it is assumed that you’ve read them.- It is my responsibility to state in any adopt postings that my TOS is available to read and where to find it, and yours to read it.- If you break my TOS it is my right to blacklist and block you.- My blacklist is a guide to other owners to not interact with you when it comes to my designs, and that I have a preference towards you not owning them. I will not enforce whether or not the design is transferred to you, as that is the owners right.- Update Clarification: The owner of a design is responsible for reading my TOS periodically and updating themselves through the appropriate contact methods on my carrd website. I will not update owners, and it is reccomeneded to read before following through with a new trade / commercial project.- *Cosmetic Updates: Cosmetic updates refer to things such as, but not limited to: Layout changes, Font changes, Order changes, renaming / rewording past rules that does not change the original integrity of said rule, Moving the TOS to a more manacle location.- Additional ToS: This terms of service is limited only to my (and in case of collaboration, collaborated) character designs. A separate TOS applies to factors such as the artwork itself and commissions. If you don’t plan to use the original files provided by me (not including the design, but the art itself) than outside ToS will not apply to you and you only need to focus on this one. If you do intend to commison me or use my original art, read the following terms of service:

**Extra: **- I will not revoke ownership of any design created by me.- My designs / artwork may not be used in NFTs or AI generation.- In the case of a collaborated design you are required to follow each individual artists TOS (if they overlap or contrast, contact the artists in question for help).

Art Trade / Design Trade Additional TOS- Before sending / completing the finished / completed artwork, I will wait for the trade partner to send their part- I will provide wips / a cropped version of the completed artwork as proof of my side- I will wait up to 3 months for your part of the trade to be completed. If you require additional time, please inform me.- I will often finish my artwork quickly, however I reserve the right to take up to two weeks if there is no prior agreement / timeline- Artwork provided in the trade will add no additional value to the drawn characters- My side of the trade may not be used until the partner’s part of the trade is completed