TERMS OF SERVICE

Please read the relevant sections of this TOS before commissioning me / if you've obtained one of my designs. Also (shouldn't have to be said, but,) common sense goes a long way! Loopholes aren't there to be exploited.


By ordering a commission from me, user arensika ("the Artist"), you ("the Client", "you") affirm to have read and agree to be legally bound by the following Terms of Service listed below. Failure to abide by the Terms of Service may result in a rejected/ cancelled commission with or without a refund, and/ or a blacklist/ public service announcement. Please note that these Terms of Service may be subject to change without prior notice.

These Terms of Service are in effect as of JULY 05, 2023.

Jump to:
Section 1.1 - Will Draw
Section 1.2 - Will Not Draw
Section 2 - General
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Payment
Section 6 - Refunds
Section 7 - Commission Process
Section 8.1 - Usage
Section 8.2 - Differences Between Personal and Commercial
Section 9 - Design TOS & Blacklist

Section 1.1 - Will Draw

The Artist is willing to draw any of the following:

  1. Human(oid) | Kemonomimi | Anthro
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Real life people*
    (*only if said real person is a celebrity or the commissioner has gotten permission from the person.)
  5. Fanart
  6. Light & heavy Gore
    (Ex. Excessive blood, detached limbs, etc.)
  7. Any pairings*
    This includes but is not limited to:
    1. Canon x Canon
    2. Canon x OC
    3. OC x OC
      4. (*couple/ship pairings can be of any sexuality/gender, but I will not draw sexual nudity/NSFW ! artistic nudity is alright. don't be a freak about it.)

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Explicit Sexual Content
    2. (Ex. explicit intercourse or implied, fetish art, etc)
  2. Sexualized underage characters (in actual age and appearance)
  3. Pedophilic relations
  4. Incestuous relations
  5. Kinks / fetishes; I have the right to deny any commission for any reason

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Section 2 - General

  1. The Artist has a right to refuse the commission for whatever reason, with or without explanation.
  2. The Artist has a right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section 6 - Refunds for more information on cancellations.)
  3. The Client has a right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section 6 - Refunds for more information on cancellations.)
  4. The Artist has a right to upload the commission on any/ all social media (Tumblr, Twitter, Toyhou.se, Instagram, etc.) unless specified by the Client beforehand to keep the commission private.
  5. Payment is to be made after the Client has approved the sketch. The sketch will be resized and watermarked. The commission will be on an "on hold" status until payment has been received.
  6. The Artist will not work with short notice deadlines or rush orders.
  7. The Artist does not work on a "first come first serve" basis. Smaller commissions/ commissions that do not take much time may be worked on in between larger commissions/ commissions requiring more time.
  8. The Client may contact the Artist at any time to ask for a progress check on the commission. The Client is encouraged to contact the Artist via social media (Toyhou.se, Twitter, Discord *)
    9. (*Discord will have the fastest response time !)

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Section 3 - Image Rights

  1. The Client may make minor edits to the completed commission (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation...).
  2. The Client may use / reupload the commission for personal / non-commercial use, but if posting online (not as a banner or profile picture or anything similar, like as an actual post) then proper credit to the Artist (@arensika) and a linkback to any of the Artist's social media (Tumblr, Twitter, Toyhou.se, Instagram) is very much appreciated!!!
  3. The Client may not use the commission for any commercial use unless discussed with the Artist beforehand.
    1. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are negoatiable.
    2. If the commission includes characters that do not belong the Client, the Client can not use the commission for commercial use unless explicitly written permission from the owner(s)/ creator(s) of said characters is provided.
  4. The Client may not claim the commission as his/ her/ their own work, whether (s)he/ they did or did not make any edits to the commission.
  5. The Artist does not claim ownership to any of the characters/ subjects portrayed in the commission. Characters belong to their respective creator(s).

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Section 4 - Delivery/ Turnaround

  1. All commissions will be done digitally unless otherwise specified.
    1. There will be no hard copies or prints unless otherwise specified.
    2. The Client is paying for a service/ digital good and will not require any shipping of any kind unless otherwise specified
  2. All commissions will be .PNG or .GIF depending on the type of commission, unless specified otherwise. Exceptions may be made, depending on the commission.
  3. The Client may ask for a specific canvas size for the commission.
  4. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media, resized and watermarked.
    1. Commissions will be posted on the Artist's social media after the Client has received and approved the original and unmarked commission file.
    2. The Client may choose to remain anonymous when the Artist publicly uploads the commission.
  5. Depending on the desired commission type and queue, the estimated turnaround is about one (1) week to two (two) months at the latest.
    1. If the Artist has to take longer than two (2) months to complete the commission for whatever reason, the Client will be contacted and informed of the status of his/ her/ their commission.

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Section 5 - Payment

  1. Payment is to be made after the Client has approved the sketch. The Client is not to send payment upfront.
  2. Payment is to be made via PayPal or KoFi.
  3. PayPal payment is to be done in USD.
  4. PayPal payment is be done using invoices. The Artist will require the Client's PayPal e-mail.
  5. The Client does not need to pay extra for any of the PayPal fees.

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Section 6 - Refunds

  1. If the Client cancels his/ her/ their commission for whatever reason, the Client will receive a partial refund, depending on how much of the commission has been finished:
    1. 65% refunded if in the lineart stage
    2. 50% refunded if in the base colours stage
    3. 30% - 20% refunded if in the shading stage/ final touches
    4. The Client will not receive any files of the commission.
  2. If the Artist cancels the commission for whatever reason, the Client will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed.
  3. Refunds will be given within 72 hours after correspondence unless further discussed.
    1. If the Client is unsatisfied with the commission, the Artist is willing to discuss and make minor edits (ex. adjusting colours) after correspondence. Any desired major revisions (ex. reposing, colour scheme change, etc.) will be rejected.
    2. The only major revisions permitted are details that the Artist may have missed and was specified by the Client in the order form/ correspondence while the commission was still in the sketching/ lineart stage (ex. missing tattoo that's essential to the character's design).

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Section 7 - Commission Process

The following is a sample of the Artist's commission process:

  1. The Client orders via contacting the Artist through any social media.
  2. The Artist contacts the Client via the same social media, and acceptance or rejection of the commission is discussed.
  3. If accepted, the Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage.
  4. The Client approves the sketch. Payment is to be made via PayPal Invoice or Ko-fi payment.
  5. Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
  6. Upon completion of the commission, the Client will receive the commission file via their choice of social media. Due to image compression, they may also request to have the final file emailed to an email address of their choice. Only minor changes (ex. brightness, colour adjustments, etc.) can be made at this point. Any and all major revisions (ex. reposing, colour scheme change, etc.) will be rejected unless further payment is discussed.
  7. If permitted, the Artist posts a resized and watermarked version of the commission on social media.

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Section 8.1 - Usage

This section applies both to character designs as well as individual commissioned images. I, the Artist, reserve the rights to use any commissioned character designs or artworks in portfolios, as commission examples, or other forms of non-commercial and commercial forms. Custom character designs by the Artist will not be used in commercial capacity by the Artist unless given explicit permission by You, the Client.

  1. I, the Artist, expressly forbid any form of my art/designs to be minted or otherwise entered into the blockchain as an NFT.
  2. I, the Artist, expressely forbid any form of my art/designs to be fed into AI generation algorithms or otherwise used in the AI generation process.
  3. I, the Artist, expressely forbid any form of my art/designs to be used as or edited for any form of hate speech or political agenda.
  4. The Artist's non-commisioned art, (ie. fan art, not personal or gift art of original characters which belong to the Artist and/or Artist's friends) may be used in comic dubs or meme compilations, if proper credit is given in the video or video description.
  5. Fanart of any popular (or unpopular) media can be used as personal wallpapers, backgrounds, profile pictures, etcetera.
  6. Personally commissioned art may be printed, but if any of the Artist's art is used in any commercial way without prior discussion (ie. printing on posters for a paid event, selling merchandise with the art,) the Client will be blacklisted and depending on the severity may be subject to a cease and desist/copyright claim.
    7.
  7. Fan art may be printed for personal use, such as for posters or for gifts to others. Yes, this means that you can print it out on pillows, but please don't tell me if you do. I don't want to know.

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Section 8.2 - Differences between personal and commercial

This section applies to both designs as well as commissioned/fan art.

Personal use:

  1. Posting personal/commissioned art publicly on social media.*
    2. (*The client is responsible for properly watermarking or resizing their commission, if they choose to do so. In addition, the reposting of fan works / non commissioned art is not allowed.)
  2. Commissioning / receiving personal art of a design made by the Artist.
  3. Writing or creating stories, lore, and personalities for designs made by the Artist.
  4. Printing out for personal use.
  5. Other various non-profit uses.

Commercial use:

  1. Printing for commercial use (to advertise a product or otherwise gain monetary compensation via the use of the Artist's work, fan-work or otherwise.)
  2. Using for YouTube thumbnails*
    3. (This is only if the video will be monetized. Unmonetized videos may use commissioned work if the uploader is the commissioner, or if they have received permission from the commissioner. Unmonetized videos may also use fan-art made by the Artist.)
  3. Reposting commissioned artwork on places such as Patreon, Kofi, or other pay-to-access areas.*
    4. *(The reposting of publicly available fan-work on such pay-to-access channels is expressely forbidden and will result in a blacklist and takedown request where applicable.)
  4. The use of a design or artwork by the Artist to sell a product or otherwise as merchandising.
  5. NFT minting*
    6. *(The Artist does not allow any created art to be uploaded onto the blockchain. Paying for commercial rights will not bypass this rule.)
  6. Various other uses which involve profiting off of my artwork monetarily.

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Section 9 - Design TOS & Blacklist

My blacklist is currently private don't worry about it. there were only like 5 people on it anyways

  1. The Artist reserves the right to not draw any characters which belong to any blacklisted users, even if the commissioner (You) are not blacklisted yourself.
    1. If found to be purposefully keeping information related to this rule hidden, lying either blatantly or by omission, the Client will be blacklisted.
  2. Do not resell the Artist's design for more than you (the Client) bought it for.
  3. The Client is allowed to make any changes to the design of the character.
      4. ie. if the Client got the Artist's design through a character trade, the monetary value is set/reset to 0$ - if the Client paid 40$ it's worth 40$ + the subsequent art the Client commissioned / money the Client spent on it.
  4. I will not reclaim / resell a design that no longer belongs to me.
  5. If a design bought by the Client from the Artist is part of a closed species, the Client is responsible for either updating the masterlist or contacting a staff member to void the character from the species.
      If requested, the Artist may update the list for the Client, or void the character for the Client if the Client is unable to get into touch with any staff members.
  6. Selling/trading any designs made by the Artist to any blacklisted users will result in the seller (You) being warned. Any subsequent violations will result in a blacklist.
  7. The reasons for blacklisted users may be made public by default. If the reasons are not listed on the blacklist page, then they are private reasons. Do not contact the Artist asking for explanation, if the reason is not public.

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