mothbxtch 2021 Terms of Service

☆ none of my works are ever to be made into NFTs ☆

☆ General ☆

★ SECTION 01 - PRIORITIES

  • No matter what or when you've purchased from me, my personal life comes first.

  • Know I am a full-time student whose trying to get a job as well, these parts of my life, as well as my health, will always come before my art.

★ SECTION 02 - REQUIREMENTS

  • I require flat, unwatermarked, or minimally watermarked reference images.

  • For redesigns, I require written permission from the original designer. "They're my friend" won't do, I need explicit proof that this redesign is alright with them. Send me a screenshot, have them message me, show me their TOS, the possibilities are endless!

★ SECTION 03 - PAYMENT METHODS

  • All USD payments are done through Paypal.

  • I do not accept DA points/amino coins/any other virtual currencies.

  • Characters are only transferred upon completion of payment, never before.

★ SECTION 04 - MESSAGING/UPDATES

    • I regularly update my Trello with my progress on owed artworks.

    • You are allowed to ask me for updates at any time, If you'd like updates with each step let me know beforehand and I'll make sure to keep you updated.

★ SECTION 05 - MODIFYING WORKS

  • Never remove my watermark or signature from any of my works.

  • Do not place your watermark on any of my artwork (toyhouse watermarks are fine, just don't mark the actual art itself).

★ SECTION 06 - LAST NOTES

  • I have the right to decline/refuse any commission or offer without reason, don't pester me if I decline.

  • This TOS was written by skele-tea on deviant art that I edited to fit my needs. I did not write this and take no credit for it!


☆ Artworks☆

★ SECTION 01 - WORK

  • Commissioner retains Artist to create works specified in an order form.

  • Work includes only the final, digital art, and not any preliminary work or sketches.

★ SECTION 02 - PRICE AND DELIVERY

  • Commissioner understands that there are no refunds for commissioned work. Artist understands that work must be completed under agreed terms and delivered to Commissioner.

  • Payment must be made in full before any work begins.

  • Payment should be made in the method and manner specified by Artist.

★ SECTION 03 - GRANT OF RIGHTS

  • Artist agrees to the perpetual non-exclusive license of listed rights of work to the Commissioner.

  • Including, but not limited to, the right to display, transmit, transfer

  • Artist retains rights to authorship credit, reproduce, or modify works if necessary. Artist agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work.

★ SECTION 04 - ARTIST'S RIGHT TO AUTHORSHIP CREDIT

  • Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works).

  • Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as the creator of Work. Commissioner has proactive duty to display Artist's name together with Work, Commissioner may not seek to mislead others that Work was created by anyone other than Artist.

★ SECTION 05 - COMMISSIONER ACCEPTS ARTIST'S CREATIVE VISION

  • Commissioner agrees that Artist will complete Work in Artist's creative style at Artist's sole discretion.

  • Artist understands that they must deliver specified works on the order form.

  • If Commissioner refuses to receive Work or demands Work be redone, it is understood and agreed that Commissioner is canceling the Agreement, and no refund will be given.

  • I will only rework commissions during the sketching stages, if you want updates at each stage, let me know in your order form

★ SECTION 06 - CANCELLATION AND EXPIRATION

  • The fee for Work is non-refundable.

  • If Commissioner nonetheless does not want or refuses to receive Work, Artist may decide whether or not to complete Work, and will exclusively retain all right to Work.


☆ Designs☆

★ SECTION 01 - GRANT OF RIGHTS

  • Artist retains rights to authorship credit.

  • Artist agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work.

  • PLEASE credit the artist/designer [mothbxtch @ toyhouse / deviant art / instagram / twitter / tumblr / artfol]

  • Overall Designs are allowed for non-commercial use (see section "COMMERCIAL RIGHTS") as long as design credit is properly given.

  • The original artwork IS NOT TO BE USED FOR COMMERCIAL PURPOSES.

★ SECTION 02 - COMMERCIAL RIGHTS

  • You (The Buyer) understands that you are not allowed to use my art of the design for profit in any way.

  • You are allowed to include my designs in games/comics/videos and other mass media consumed materials with clear and proper credit.

  • You may make charms/shirts/prints/business cards/postcards/etc featuring the character you have purchased—but these pieces MAY NOT be resold for profit.

★ SECTION 03 - MODIFYING WORKS

  • I do not allow alterations/edits to any of my pieces of artwork unless you've gotten specific permission from me.

  • That being said, I have no problem with you (The Buyer) editing the design itself. You can make any minor or major changes, you can completely rehaul the design if you'd like. All I ask is that I'm properly credited.

  • I only do edits myself if it's part of a custom/redesign commission process.

★ SECTION 04 - DESIGN UPLOADS

  • All my adoptables are uploaded to toyhouse beforehand and will be transferred upon purchase, do not upload them yourself!

  • I request you never remove/delete any of my designs from toyhouse, if you're selling/trading to someone who doesn't have an account, please involve me so I can continue to monitor the design.

★ SECTION 05 - RESELLING/TRADING DESIGNS

  • When reselling any design by me the following determines the worth of the character...

      • How much you purchased the design for. If you got them in a trade, the worth of what they were traded for will do.

      • The sum worth of the art you yourself have drawn of the design. I request you have a clear commission sheet/price guide to base this on.

      • The sum worth of any commissioned pieces you yourself have paid for of this design.

  • My designs can always be resold, even if you got them in a trade. All I ask is that you resell them for a fair price. If you're unsure about what price or have any questions, please reach out!

  • My designs can always be gifted! And gifted designs can be resold, just be polite about it.

  • Note: Adopts are digital goods and should only be sold as such. If you violate my TOS I reserve the right to reclaim my design from you if I deem it necessary.

  • Whenever transferring a design of mine to a new owner please inform them of this TOS, just link it in the character's profile so it's easily accessible for you and the owner.

★ SECTION 06 - FREE/RAFFLED DESIGNS

  • I rarely do free or raffle designs but they deserve their own category.

  • However, my rules are mostly the same as above but I have a couple of requests…

  • For raffle designs, please contact me before reselling. I only do raffles for special occasions and would prefer to be involved in the rehoming of any of my raffle designs.

  • For free designs, I request they get at least a couple of art pieces before you sell/trade them, but you can always gift them!

★ SECTION 07 - ARTIST'S RIGHT TO AUTHORSHIP CREDIT

  • Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works).

  • Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as the creator of Work. Commissioner has proactive duty to display Artist's name together with Work, Commissioner may not seek to mislead others that Work was created by anyone other than Artist.

© 2021 MOTHBXTCH (TYLER SIMPSON). ANY DISTRIBUTION OR ALTERATIONS OF ANY IMAGE IS PROHIBITED WITHOUT PERMISSION