By ordering a commission from me, ElfenDr/Elfen ("the Artist", "I"), you ("the Client", "they") confirm 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 (depending on circumstances), or a blacklist/public service announcement, or legal action (in worst cases).
These Terms of Service may be subject to change without prior notice.
Section 1.1_WILL DRAW
I, the Artist, am willing to draw any of the following:
- >_Humanoids/Flat-faced anthros
- >_Original characters/Fan characters/Sonas
- >_All genders/races/sexualities/body types*
- (*Might struggle with heavier people and muscles, I'm working on it and am willing to try!)
- (*Only at select openings, will increase cost. Singles only for now)
- (i.e. Blood, cuts, bruises, scars, etc.)
Section 1.2_WILL NOT DRAW
I, the Artist, will NOT draw any of the following (if you're unsure, please ask):
- >_Offensive/Harmful Content
>_Older people (Middle-aged is fine)
>_Sexualized underage characters (incl. Sh*ta/L*lis)
- (i.e. Racism, transphobia, homphobia, etc.
- (*Client is required to confirm with the artist beforehand whether or not a certain kink/fetish is acceptable.)
>_Real life people
>_Style replication of others' styles
- (*Kinsonas are acceptable.)
- >_The Artist has a right to refuse the commission for whatever reason, with or without explanation.
- >_The Artist has a right to cancel the commission for whatever reason, with or without explanation.*
>_The Client has a right to cancel the commission for whatever reason, with or without explanation.*
- (*Whether the Client will receive a full/partial/no refund depends on the situation and stage of completion of said commission.)
>_The Artist has full right to upload the commission on any/all social media, UNLESS specified by the Client beforehand to keep the commission private.
>_Payment is to be made AFTER the Client and Artist agree on the commission form.
>_The Artist is NOT responsible for any missing or incorrect information on the form, However, I may ask for additional info if needed.
>_The Artist will NOT work with deadlines or rush orders due to personal health circumstances.
>_The Artist does NOT work on a "first come first serve" basis. I will work on things on my own pace.
>_The Client may contact the Artist at any time to ask for a progress check on the commission, but no more than once every week.*
- (*Whether the client will receive a full/partial/no refund depends on the situation and stage of completion of said commission.)
>_The Client may ask for major changes in the SKETCH PHASE only (i.e. Pose change, expression change, etc).
- (*I reply fastest through Twitter DMs.)
>_The Artist holds NO RESPONSIBILITY over images that the Client may have lost and is not obligated to look for the images for the Client.
- Beyond that, only very minor changes are allowed (i.e. Small details, hue change of an area like the hair, etc).
Section 3_IMAGE RIGHTS
- >_The Client may NOT edit the completed commission beyond cropping/color filering (i.e. To be used as an icon on social media).
- >_The Client may use/reupload the completed commission for PERSONAL, NON-COMMERCIAL use only, but only if there is proper credit given to the Artist (@ElfenDr/@Elfen) and a linkback to any of the Artist's social media provided.
- >_The Client may NOT claim the commission as their own work, whether they did or did not make any edits to the commission.
- >_The Artist does not claim ownership to any of the characters portrayed in the commission. Characters belong to their respective creator(s).
- >_The Client does NOT have the right to mint/sell their commissions for NFT.
- >_The commission will be done digitally.
>_All commissions will be done in the style ordered. I, the Artist will NOT replicate styles other than my own.
>_All commissions will be in PNG format with canvas dimensions ranging from around 500px-2000px (depending on commission).
- *There will be no hard copies.
- *The Client is paying for a service/digital good and will not require shipping of any kind.
>_All commissions will be sent through e-mail or PM on the social media the commission was originally requested on with the full sized PNG file attached.
>_Unless specified not to upload the commission to the public, all commissions may be posted on the Artist's social media, resized and watermarked.
- *The Client may NOT ask for a specified canvas size for the commission.
Depending on the desired style and queue, the estimated turnaround is about one (1) week to three (4) months at the latest.
- *Commissions will be posted on the Artist's social media after the Client has received and approved the original and unmarked commission file.
- *The Client may choose to remain anonymous when the Artist publicly uploads the commission.
- *The Client may ask to have the commission private and unposted (Preferrably prior to the commission being started).
- *Other life circumstances may or may not come up at any time during this period, which may cause me, the Artist to take longer. The Client will be notified of any delays or it will be written on my public to-do list.
- >_Payment is to be made no more than 24 hours after the commission form confirmation and approval.
- >_Payment is to be made through PayPal or Ko-Fi only.
- >_PayPal payment is to be sent in USD (United States Dollars) only.
- >_Payment is made through a paypal.me link (unless paying through Ko-Fi).
- >_The Client does not need to pay extra for any of the PayPal fees.
- >_When paying through PayPal, please select "goods or service" and make sure the "Address" box is set to "No address required."
- >_If the Client/Artist cancels the commission for whatever reason, the Client may or may not receive a full/partial refund, depending on how much of the commission has been finished:
>_The Client will not be refunded if they are unsatisfied with the commission.
- Nothing has been started yet = 100% Full refund
- Sketch stage = 65% Refund
- Lineart stage = 25% Refund
- Coloured/Rendered = 0% No refund
- *The Client will NOT receive files if refunded. The Client may NOT use any of the WIPs sent to them if refunded and has no rights to those images.
- *If the Client is unsatisfied with the commission, the Artist is willing to discuss and make minor edits (ex. adjusting colours), up to a maximum of two (2) times after correspondence. Any desired major changes (ex. reposing, colour scheme change, etc.) will be rejected.
- *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). If these details were not mentioned in the form or pointed out when shown WIPs, they will not be added past the SKETCHING/LINEART stage.
By purchasing and/or owning a design by me, ElfenDr/Elfen ("the Artist", "I"), you ("the Client", "they") confirm 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 warning, addition to my blacklist, reclamation of the design(s), a public service announcement, or legal action (in worst cases).
These Terms of Service may be subject to change without prior notice.
- >_DO NOT use my designs for anything hateful or offensive.
>_DO NOT harrass or hound me or those associated with me for my designs.
>_DO NOT credit my design to yourself as co-designer unless there has been significant change.
- (i.e. racism, transphobia, transmedicalism, homophobia, pedophilia, incest, bigotry, etc.)
- This includes fetishes like MPr*g (transphobic), fat fetishes (fatphobic), etc.
- This also includes dressing the design in fetishized cultural clothing or IRL military uniforms (Fantasy is fine as long as it does not contain IRL imagery/symbols).
>_I hold NO RESPONSIBILITY for any images/files/credits you may have lost during RE-selling/RE-trading/etc.
- (i.e. Making a Dainty/other CS alternative design)
- Clothing does not count as significant change.
>_If you own any of my designs from before being blacklisted, I will NOT reclaim them or force you to trade them off.
>_I reserve the right to blacklist anyone for any reason, though this reason is almost always due to a TOS break or a serious issue.
- (If you are getting the design directly from my hands, you may ask for any missing files.)
- >_On OTA ADOPTS, your offer is not guaranteed to be accepted just by being the highest money bidder.
>_If you do not pay within 24 hours of recieving the OK, I will reopen the adopt or give it to another bidder (unless you have requested for a hold).
- OTA means I accept offers based on personal interest and will factor in offers with addons like designs/art as well as money.
>_I can take holds for up to 72 hours. For prices $50+, I can hold up to a week.
>_I can do payment plans. This plan must be discussed between us.
- If there are repeated incidents of not paying within 24 hours (without notice), you will be blacklisted.
>_The product will only be sent after recieving and confirming FULL payment.
>_When sending payment, please make sure to add a note that contains your username so I know it's you.
>_NO REFUNDS. Once I've gotten the money and given you the design, the deal is done.
- I cannot do planned payments for prices under $80.
- I require a downpayment of around 1/3 of the full price.
- There will need to be a regular payment cycle/period discussed. (i.e. You pay part every week/month/etc.)
>_While I do list how much you paid in the character transfer details, it is your responsibility to keep track of how much you paid/what you traded for the design you received.
- (Any unjust chargebacks filed against me will get you immediately blacklisted and a PSA put out.)
- If you do not remember how much you paid, they are trade only or cost as much as any art you commissioned for them.
- >_You may resell but only for the original price (Plus the price you paid for any commissioned art. Gifted/Traded art does not count).
- >_You may trade for other designs/goods.
- >_Please ask before gifting to another user.
>_Once you re-sell/trade/gift the design, it is no longer yours, no matter the circumstances.
>_If ownership is changed, it must always come with the original design, no matter how much it has changed.
- (This is only because I'm wary of people getting characters from me only to give to people on my blacklist.)
Section 3.2_RESELLING/TRADING_NOT ALLOWED
- >_Do not charge money for art gifted/traded to you.
- >_Do not resell for less/more than what you paid for.
- >_Do not sell a design you traded for unless there is commissioned work adding to the value of the design.
- >_Do not resell the design if it was gifted to you.
>_Do not resell/trade/gift to anyone on my blacklist.
- (Unless the gifter has paid for the design, and has given written permission for you to resell it.)
>_Do not resell/trade my designs on AminoApp. I will not approve it on Toyhouse if it was traded/resold on Amino.
>_Do not resell/trade/gift a character to a minor if the character has NSFW art of any kind.
- If you are caught doing so (maliciously), you will be added to the blacklist immediately.
Section 4.1_DESIGN EDITS_ALLOWED
- >_You may change gender/sex however you like.
- >_All large edits must be put through me before being officially posted/shared. Please PM me.
>_You may turn my adopt into a CS.
>_The edited design must still be recognizable to the original design.
>_Keep the original file on hand!
- (Large edits: Severe colour palette change, several physical traits changed at once, etc.
- (Small edits: Alt. outfit, small colour adjustments, hairstyle, etc.)
- If you're unsure, it's safer to just ask me!
Section 4.1_DESIGN EDITS_NOT ALLOWED
- >_You may not change the design significantly within 3 months of purchase.
- >_You may not de-species a design without my permission. (ONLY APPLIES TO DESIGNS THAT WERE ORIGINALLY CS)
- >_Please do not edit on top of my artwork.
- >_Do not completely change the design to the point it is unrecognizable from the original.
- >_Do not whitewash the character, please. Slight skin tone changes are fine, but completely lightening a character is not.
- >_While it is technically allowed, I highly discourage you from reverting/detransitioning a visibly transgender character to their birth assigned sex.
- (i.e. Changing a trans male or nb character with top surgery scars to cis female and reverting said top surgery or "detransitioning" them, basically.)
- (This only really applies to characters previously owned by me, not newly-created, due to my personal connection to them. Newly-created adopts' genders and sexes are free to change however you like no matter their appearance. If you're confused feel free to ask.)
Section 5_COMMERCIAL USE
- >_Owners of my designs do NOT have the right to mint/sell my designs or any art of them for NFT.
- >_My designs are made for personal use only.
- >_I will not discuss commercial use rights of my designs at the moment, but they will require more to be paid if I allow this in the future.
- >_Co-Owning is fine, but how it is split up or rehomed later is out of my hands and if it causes trouble, do not involve me in it.
- >_HOWEVER, as a precautionary measure, please inform me of any ownership changes so I can be sure there are no unrelated replicants of the design floating around.
- (i.e. Design changing ownership to one single owner, one of the owners in the co-ownership changing, etc.)