TERMS OF SERVICE
Please refer to my terms of service when commissioning me! Covers general rules as well as specifics for commissioned artwork and adoptable designs (including customs), under separate sections. Thank you for taking the time to read and follow the terms!
General Rules And Information
- I provide plenty of work-in-progress images for you to see and decide if you'd like edits done to the work -- considering my style and how specific facial structures get on more realistic pieces, I'm happy to provide as many edits as you like during the sketch phase! If I already have things lined or colored and you decide you want something changed that requires me to go back and do a lot of new work, though, I may charge some editing fees. Otherwise, edits are pretty much free and infinite. While I've yet to run into a situation where editing fees are required, bear in mind they may become necessary.
- ETA on your piece can vary depending on my free time and the complexity (anywhere from a few days up to a few months, potentially longer on customs), but I will never take payment before I'm ready to start on it or have some of the work done. Please note that it will take me longer to finish your piece if there are others ahead of you in the queue!
- Do not claim to be the creator of, trace, copy, or repost my work. You are free to edit a commissioned piece or design/adoptable as you please (even over my artwork, though I would appreciate an original version displayed alongside the edited one) and I don't mind it terribly so long as said edits do not display hateful or grossly illegal content (including but not limited to the latter half of content found on my 'will not draw' list), but do not remove or obscure my signature in any way. You're free to put art or designs you've purchased from me on a character collection site like toyhou.se (with proper credit), but not a social media or art sharing platform like twitter, instagram, deviantart, etc. unless for use in RP group applications, memes, or other transformative work WITH credit for the original artwork clearly and visibly given to me.
- Do not use my artwork in any commercial capacity unless I give you explicit permission to do so (we can discuss purchasing commercial rights if that's something you're interested in).
- Payment should be made in USD via Paypal. Payment up front is required for sketch pieces only, otherwise I will send you an invoice once the sketch or lines are done and I'm ready to continue. You will receive a small, watermarked preview + detail shots for approval, and unwatermarked finished images only after payment has been received. Payment plans are available only for purchases over $100, but you will not receive the full size, unwatermarked image until the plan has been paid in full.
- Payment will always be requested via invoice sent to your Paypal email. You are not required to pay additional for Paypal fees, but tips to cover it are obviously appreciated! For your own safety, never send me your Paypal email or other sensitive information over a public forum like comments -- only through notes, private messages, etc.
- If you request a refund for any reason, refunds will only be issued for portions of the piece that have not already been completed. E.g.; if you request a refund and I already have the lines done, I will keep the sum of the money paying for the lined art and refund what would've paid for colors/painting/etc. If I'm most of the way through coloring, I will refund you for an amount proportional to the uncompleted colors... and so on. This also goes for if I find myself unable to complete the piece -- I will send you back the money for the portions I'm unable to do. You will then receive the full image for whatever has been paid for!
- Do not file a chargeback in an attempt to scam me or get free art. I will blacklist you publicly, will not do business with you in the future, and will take the rightful actions against you through Paypal. As with general chargebacks, my refund policy is fair both to client and artist, so if you have a legitimate complaint (no longer wish to get the commission done, don't want to wait any longer for the piece, dissatisfied with the work, etc.) please discuss it with me and I will be happy to work things out with you and refund you for the qualifying amount!
Commissioned Artwork
- All rules in the general rules section apply.
- I have the right to post your commission publicly in a portfolio format, though you're free to ask me to keep something private for you. You must explicitly tell me if you'd like it to be kept private, otherwise it's liable to be posted for portfolio/social media sharing purposes.
- You may not use my artwork for commercial use (an example of but not limited to: the art itself being used in a comic, book, game, storefront, etc., or being printed on merchandise or other commercially redistributable works of any kind, etc.) unless commercial rights are discussed and purchased. You may not redistribute my artwork in any manner. You may print the art for yourself (and a friend, if their character is included in the art) only, not to be sold or redistributed to others. Under NO circumstances may you use my artwork, commissioned or otherwise, in the minting and/or distribution of NFTs or other similar processes including but not limited to cryptocurrencies, ANYTHING related to blockchain technology, or future inventions in the crypto space.
- You may add the exact cost of artwork you have commissioned from me to the price of a character you're reselling, provided the designer allows it in their TOS.
Adoptable Designs And Customs
- All rules in the general rules section apply.
- You can change the design of the purchased adopt/custom however you please (excluding closed species designs -- please follow the rules of the species the character is involved in when making design changes)! I don't mind if you make edits to the original art, either, though I would appreciate if you kept the original version displayed alongside the edited one.
- I do not offer edits on pre-made designs, but as stated above you are free to edit the original art yourself so long as you do not remove my signature.
- For closed species customs, you accept responsibility for sending in work in progress pieces to the mod team and/or species owner and confirming that no edits are needed. Failing to do so and then requiring me to edit the design after it has been completed (or had a large amount of work completed in linework/coloring) will likely result in additional editing fees appropriately scaled to the amount of re-working required. Additionally, failing to pay these editing fees will result in your receiving the finished piece that may not fully pass the species standards, and the responsibility for making appropriate edits will fall to you.
- You may only ever resell a purchased design for more than you paid for it when it has additional art -- you may add the cost of commissioned art as well as art you've done yourself (NOT gifted art), but please do not upsell my designs disproportionately to the amount/quality of the added art.
- You may use or request vouchers in the resale/trade of designs or customs purchased from me, but those receiving the design should know that a disproportionate price paid for a vouchered design in exchange for one of mine DOES NOT add onto the value of my designs. As mentioned above, the price of commissioned art or art you've done yourself can be added to the resale value, but any disproportionate values between the design and a voucher cannot be added.
- You may use designs or customs you've purchased from me as you see fit, so long as you are not using my art itself (original or edited versions) in a commercial format without first purchasing my commercial rights. If you use different iterations of designs you've purchased from me (not including my own original art of the design) in a commercial or non-commercial published format (an example of but not limited to: used as a character in a printed comic or webcomic published to a comic sharing site, used as a character in a published piece of literature that includes visual representation of the character in question (such as on cover art, in-book illustrations, or promotional material), used as a character in a game or game-like format with intent to be published and played by others, etc.), you are welcome to do so SO LONG AS you credit me, saivalkae, in some fashion (special thanks, credits section, etc.) for the original design. This includes the creation of merchandise involving my designs; if and only if you have created an officially published and promoted body of work, you have my permission to use said designs in merchandise SO LONG AS you credit me, saivalkae, in the listings of said merch. You cannot under any circumstances do so with MY artwork of the aforementioned design unless you have purchased my commercial rights.
- If using my designs in published works to which the visual representation of said design is relevant (as detailed above), please attach the following credit: "Saivalkae [link to about me / my site] created the original design for [character], whose likeness was used within the artist's terms of service; the original artist/designer had nothing to do with the production of this work."