TERMS OF SERVICE
this is my general TOS for commissions, custom designs, etc.
you must read/agree to these terms of service before ordering or buying anything from me!
✦ ORDERING
I ONLY ACCEPT ORDER FORMS THROUGH GOOGLE FORM to be discussed via PM (discord, twitter, tohyouse) OR through fiverr
i will draw
i will not draw
✦ PAYMENT
✦ PROCESS
✦ CUSTOMER SATISFACTION
✦ TERMS OF SERVICE
✦ COPYRIGHT/USAGE
I, the artist, hold all rights to the commissioned art.
I have the right to use your commissioned work to:
> Promote myself/add to a portfolio of works.
> Post on other platforms.
> Record process (or stream it).
You will receive full credit for the character! I will also include any original designers or species creator if given.
YOU have the right to use your commissioned work to:
> Use the artwork for personal use (certain personal merchandise, etc.)
> Use the artwork to promote your character(s), not the art itself!
Please give me proper credit!!
✦ DESIGN OWNERSHIP
✦ NON-FUNGIBLE TOKENS (NFTs) ARE NOT PERMITTED
✦ CANCELLATION/REFUNDS
✦ BLACKLIST
If you are on my private blacklist, you may not ask for commissions, art trades, raffles, adoptable, etc.
You will be added to my Blacklist if you:
・Consistently rush me to finish a piece of art (especially if it's been less than 3 months).
・Steal/trace/claim my art (anywhere on the internet, not just the platforms I am on).
・Violate my TOS (above).
・Bully, harass or act aggressively towards me - you will most likely also get blocked. Rude behavior will be taken into consideration.
If you appear on my blacklist, be aware that I can and will:
・Report you if you cause problems for not only me but those around me (like other commissioners).
・Make others aware.
thank you for reading!
you must read/agree to these terms of service before ordering or buying anything from me!
✦ ORDERING
- I do not take orders first-come, first-served (unless stated otherwise)! I usually start owed art based on chronological order or whether or not it has a deadline. I may move orders around if I feel comfortable with how long someone is willing to wait.
- Please provide at least a base-colored, neat, full body reference of any character you order something of! I will ask for extra references if necessary.
- I will tell you (in some way) whether or not your order has been approved, so do not pay for anything before then.
- I have the right to refuse a commission if I feel uncomfortable with the character or whoever is ordering!
I ONLY ACCEPT ORDER FORMS THROUGH GOOGLE FORM to be discussed via PM (discord, twitter, tohyouse) OR through fiverr
i will draw
- OCs (CS or otherwise)
- any gender or orientation pairing
- humanoids (includes fantasy and taur races, etc.)
- simpler armor and weapons (FFXIV characters = ok!)
- mild nsfw
i will not draw
- ferals/anthros/furry (kemonomimi, animal features = ok!)
- extremely muscular
- mecha (plugsuits, robotic features = ok!)
- fetish art
- gore-heavy designs/vent
✦ PAYMENT
- Payment is strictly through Paypal ($ USD)
- All orders are drawn digitally and I must receive full payment before starting. Payment can be put on hold if I establish a commission waitlist (like with Live2D).
- I usually enjoy complex designs/details, so I usually will not add onto a base price unless I believe it to be too overwhelming! Otherwise, price additions are on my commission listing page.
- Payment must be sent within 24 hours after I accept your order. You will get a reminder if it isn't received, but I still won't start on the commission until I confirm payment.
- If I do not receive a notice or payment within 48hrs, your order is invalid and I will not start on it. You will have to resubmit your form.
- If you do not have the full amount of money on hand, I do not take holds for anything except adoptable designs.
- I do not accept split payments on commissions or adoptables unless the value is over $50. If over $100, I will consider a payment plan (for adoptables only). For pricey commissions like Live2D models (see my L2D site), I must have at least 80% of the price up front if establishing separate payments.
- I will never accept payment with cryptocurrency.
✦ PROCESS
- I do not provide Work-in-Progress pictures for any order unless asked or if the commission requires it! If asked, I only send a screenshot sketch or ask opinions to make sure that you like what I have so far. The only commissions that require sending WIPs are custom designs, full body commissions, and Live2D content.
- Please respect that I do have a life and it may take up to a month or more before I finish a certain thing, depending on the type of commission and how much I already have to complete. Currently, I am only a student in university. If I am injured or severely sick/busy then you will be notified. My commission openings will be accompanied by a 2 to 3-month window for me to complete all orders received.
- Your completed commission will be submitted/sent as a full .png file (although the platform may lessen the resolution). If requested, I can send it to you via different platform (preferably email or gdrive).
- Any commissioner who is persistently impatient or rushing me after a short time will be put on my personal blacklist. This does not count if I have taken over 3 months to complete a more simple commission, so please remind me if it goes over that time period.
- Chargebacks are not allowed. You will be blacklisted. Talk to me about a refund before going through with a chargeback. Do not commission me without full payment on hand.
✦ CUSTOMER SATISFACTION
- Any mistakes made on my behalf will be corrected (for free) and updated as soon as possible! However, if it is the result of an insufficient reference or given information, I am not obligated to correct it. For custom designs, I am not obligated to change the design after you have received it (as they get client approval before being completed). You are allowed to make slight edits on the design as you like (or major ones, so long as I'm credited for the original).
- I will only make minor changes/fixes to a finished commission, not redraw the entire piece.
- Please handle any mistakes or dissatisfaction privately. Just tell me! I don't bite! I will try to fix it to your liking as much as I can, but I won't be redoing it completely!
- Under no circumstances will I ever redraw an entire commission. Please communicate everything clearly and in full detail when ordering, because I follow references and instructions very strictly. If you insist on a redraw no matter what, you will have to commission me again.
✦ TERMS OF SERVICE
- I will debate taking your order if you've been a member of Deviantart/Toyhouse/Twitter for under 3 months and have no other ordered media in your gallery/tabs. Please understand that this is a personal preference and nothing against you as an individual!
- I am more likely to decline commissions from anyone whom I know is a minor and may have insecure payment.
- Do not use my art to make any form of profit. I will include commercial use rights upon ordering (for additional charge) if you are using it on a frequently monetized platform or the client is a company. Please ask me if you'd like to put my art of your character or one of my designs on personal merchandise, as this is usually okay.
- Do not use, copy, or claim my art as yours. Do not claim my designs as your own.
- You may use my art to decorate/use as icons/etc. if commissioned, but credit must be given.
- I will reject your commission if I feel that I can't draw what you requested. I will also reject written descriptions. Colored visual references are mandatory!
- Art commissions are a privilege, and I reserve the right to increase my commission prices any time I open them. This is my hobby, not my job.
- You are not allowed to post any commissioned art by me on any platform that is not personally connected to you or the character drawn. (ie. twitter, toyhouse, twitter, discord, deviantart = OK ! as long as it's your personal account and you commissioned the art).
- DO NOT post my art on a crypto platform like Opensea.
✦ COPYRIGHT/USAGE
I, the artist, hold all rights to the commissioned art.
I have the right to use your commissioned work to:
> Promote myself/add to a portfolio of works.
> Post on other platforms.
> Record process (or stream it).
You will receive full credit for the character! I will also include any original designers or species creator if given.
YOU have the right to use your commissioned work to:
> Use the artwork for personal use (certain personal merchandise, etc.)
> Use the artwork to promote your character(s), not the art itself!
Please give me proper credit!!
✦ DESIGN OWNERSHIP
- I, as the artist and original designer, retain partial rights to any of my designs. This includes all copyrights, rights to the intellectual property, and the rights to reproduce and use in my online gallery. I will not be reusing or reselling the design unless it's given/sold back to me.
- Co-owning a design of mine is allowed. After initial sale, value must be upheld.
- You are never allowed to edit the original artwork of one of my designs, unless I give expressed permission.
- You are allowed to produce similar designs (to one you own, originally created by me) for AUs, alternate outfits, alternate forms, etc. so long as the design is not separated into multiple characters. All alternate forms must stay with the original character.
- You are 100% allowed to give one of my designs minor to major edits (so long as they coincide with any CS Terms of Service as well, depending on the design), just as long as I receive credit for the original.
✦ NON-FUNGIBLE TOKENS (NFTs) ARE NOT PERMITTED
- No one is permitted to mint my art as an NFT for cryptocurrency, now or ever.
- If you commission me with the purpose of minting my art as an NFT, or caught attempting to mint my art, you will be permanently blacklisted and I will warn other artists. I 100% have the right to reject a commission with that intention.
✦ CANCELLATION/REFUNDS
- I have the right to cancel and refund your order at any time before I get past the sketch phase of the commission.
- You have no right to demand cancellation/refund under any circumstances after I receive payment and have started on it.
- If payment has not yet been sent, you may cancel your order without repercussion.
✦ BLACKLIST
If you are on my private blacklist, you may not ask for commissions, art trades, raffles, adoptable, etc.
You will be added to my Blacklist if you:
・Consistently rush me to finish a piece of art (especially if it's been less than 3 months).
・Steal/trace/claim my art (anywhere on the internet, not just the platforms I am on).
・Violate my TOS (above).
・Bully, harass or act aggressively towards me - you will most likely also get blocked. Rude behavior will be taken into consideration.
If you appear on my blacklist, be aware that I can and will:
・Report you if you cause problems for not only me but those around me (like other commissioners).
・Make others aware.
thank you for reading!
© 2019-2022 kinqley