Terms of Service

tl;dr

THIS IS NOT THE OFFICIAL TERMS OF SERVICE
This is a quick reference of the common things people look for in a TOS to save you time!

  • Payment required upfront unless agreed otherwise

  • Full refunds available if I haven't started, or if I cancel

  • Partial refunds available if I have started

  • No refunds for finished pieces

  • Character designs commissioned belong to you, but you must credit me

  • I don't draw NSFW art, I do draw blood/gore

  • You can resell character designs for the original price paid + value of commissioned work (make sure the buyer agrees to my TOS though!)

  • You can use my art however you want, but cannot claim you made it, or make money off it

  • If you don't have a reference I might charge extra

  • I can post your commission publicly wherever I want, but will credit your characters

  • I can ship traditional art to you if you pay for the shipping + $1

  • By commissioning me, you confirm you have read the full Terms of Service listed below, and not just this quick Unofficial reference provided for your convenience.

By commissioning me for art services of any kind, you agree to the Terms of Service below.

General Terms

  • I have the right to refuse a commission up front for any reason with or without explanation.

  • Unless otherwise specified, my commissioned work is purely digital, and the commissioner understands that no physical item(s) will be shipped, and that they will not receive a physical product.

  • If your character does not have a reference, I may charge extra for additional character design, up to the full price of a character design commission, depending on the required amount of character design. Detailed description and reference images you found online will suffice as a reference, or a clear doodle. I just need some kind of reference.

  • Hostile attitudes will not be tolerated. If you are hostile towards me, I reserve the right to cancel your commission at any point during the process. Hostility towards me during the commission process is considered breaking the rules of my Terms of Service. Please be nice, I'm trying to work with you.

  • Listed prices are a baseline. A commission's price may increase with character or scene complexity, and final price will be discussed in advance.

  • My Terms of Service and my Commission Prices may be edited at any time without any notice.

Subject Matter Guidelines

  • Subject Matters are handled on a case by case basis, and some themes may be outright refused, or charged extra for additional effort. For example, mechs, vehicles, complex machinery, or exosuits will be charged extra depending on complexity. Feel free to ask if you want clarification.

  • I can draw themes including, but not limited to:
    - humans/humanoid characters
    - furries, whether anthro or feral
    - pets and animals
    - various environments whether natural or manmade
    - food and drink
    - stylized portraits of people for icons or gifts
    - gore and candy gore

  • I will not draw most forms of fetish art or explicit pornographic content. I also will not draw incestuous pairings. Ask if you need clarification of a specific theme not listed.

  • I will not draw hateful, discriminatory, or illicit content, including, but not limited to:
    - Pedophilia, including lolicon and shotacon, cub art/babyfur, baby art, and more. You will also be reported to the proper authorities if you request pedophilic content of any kind.
    -
    Racism or racist caricatures
    - Homophobia, transphobia, TERF rhetoric, or otherwise LGBTQ+ exclusionary content
    - Sexism
    - Religious discrimination
    - Disability discrimination or eugenics propaganda

  • I will not copy another artist's style, trace, or otherwise attempt to replicate, without transformational changes, another artist's work. I will not modify another artist's work without their explicit permission.

  • I may not be able to draw copyrighted characters or species for pay, as it can violate copyright laws.

Useage and Copyright

  • I, the artist, hold every right to the produced drawing. Therefore I am allowed to use the copyrighted artwork for the reasons following, but not limited to:
    - Promote myself in any way or anywhere
    - Display the artwork anywhere to my liking
    - Post it wherever I want
    - Publish the artwork wherever I wish

  • I reserve the right to reuse and modify any rejected content, including but not limited to, sketches, character designs, and design elements, for other commissions or personal use.

  • You, the commissioner, are allowed the rights to:
    - Use the copyrighted artwork for personal use
    - Print the art, and claim the rights to your own character(s), but not the drawing itself
    - Use the art to promote yourself with Proper Credit given to me, the artist. Proper Credit can be given through several methods including:
    > simply by crediting the handle/username Rosiesunny
    > leaving a link or hyperlink to my Carrd (rosiesunny.carrd.co/)
    > linking to my account on active social medias as listed in my Carrd

  • If you infringe on copyright in any way, every right you were granted to the drawing will be retracted. The following is considered copyright infringement:
    - Taking credit for the creation of the artwork
    - Removing any watermarks or signatures without my consent
    - Altering the artwork without my consent
    - Reproducing or using the artwork commercially (also known as making money off of the artwork in any way) without my proven consent and a signed agreement for your commercial use

  • My art is not permitted for tokenization or use as an NFT.

Payment

  • Payment, unless otherwise specified, is to be paid via a Paypal Invoice. As such, I need a valid email to send the Paypal Invoice to.

  • I only accept payment in USD (United States Dollars). Note that Paypal has default options to convert other currency to USD.

  • Unless otherwise specified in the initial Paypal Invoice, commissions must be paid in full upfront before I start any work on them. I will not begin any work on a commission before receiving payment. I may offer partial payments if requested!

  • Tips are always appreciated!

  • You, the commissioner, agree not to file a Chargeback against me, under any circumstances. See the Cancellation and Refunds Policy section of my Terms of Service for valid options of getting money back. If you are facing unexpected hardships, please just communicate with me, so we can work it out without charging me an excessive fee for a Chargeback. Under the circumstances a Chargeback is filed against me, my Terms of Service have been broken, and as such, all rights to any produced artwork you were given will be revoked, and I have the right to sell the copyrighted artwork to new buyers.

Character Designs Permissions (Applies only to Character Design commissions, not other artworks)

  • In purchasing a character design, whether via custom character design or adoptable, you own the rights to the character, but must credit me for the original design, and any artwork(s) I contributed.

  • You may resell character designs for the same price you purchased the design for*.

  • You may raise the price to include the equal cost of additional commissioned artwork of the character.

  • Later modifications of the design are allowed so long as my original artwork is not modified and I am credited for the original design.

* Before you officially resell the character, you must refer the buyer to my Terms of Service so they have full understanding of what is permissible as per the Terms of Service agreement. The buyer must also agree to my Terms of Service.

Cancellation and Refunds Policy

  • Artist Cancellations: I, the artist, have the right to cancel your commission at any time, for any reason. Full refunds will be offered for Artist Cancellations unless any of the rules in my Terms of Service have been broken by the commissioner. If the rules in my Terms of Service have been broken by the commissioner, I, the artist, have no obligation to offer refunds.

  • Commissioner Cancellations: You, the commissioner, have the right to cancel your commission at any time, for any reason. Partial or full refunds may be available upon the commissioner's request for cancellation, with guidelines for refund-ability listed as following:
    - A commission that I have not started yet is eligible for a full refund.
    - Refundable amounts on commissions I have started will vary depending on the level of completion of the commission, as I, the artist, define it, at the time of receiving the cancellation request. I, the artist, am the sole determiner of the level of completion of a commission.
    -
    Any percentage below 70% completion is eligible for a partial refund following a ratio of the remaining completeness. (For example, if I define a commission as 40% completed, you are eligible for a partial refund of the remaining 60% of the amount you paid.)
    - If a commission is, as I define it, 70% or more completed, you are ineligible for any amount of refunding.

  • Refunds are not offered for finished commissions. (I intend to work with you throughout the commission process to guarantee you are satisfied with the finished product. There are many opportunities for feedback and changes to ensure the finished work is to your liking! Work with me please.)

  • I understand things can come up. If there are special circumstances requiring a cancellation, communicate with me, and we can work something out!

Shipping Works

  • If you order a traditional commission, by default, you will only receive a photo of the physical commission, and not the physical artwork itself.

  • If you would like a traditional commission physically shipped to you, you must pay, in addition to the cost of the original commission, the full cost of shipping, plus a $1 fee. It must be explicitly specified that you want the final product to be physically shipped to you, otherwise it is assumed you are expecting only a digital product, being a photo of the physical item.

  • Digital commissions will not be shipped to you. If you would like a print of your digital commission, you are permitted to print the artwork out yourself, either via personal equipment or a print shop, for personal use.