status ~ closed

Commissions & Emotes

To order a commission:
Contact me via discord @ snomelette (snom#8935) or through ko-fi’s commission interface!Please include type of commission, reference material (visual preferred, text-only description incurs a flat $30 surcharge), and any descriptions/notes about the character. Pinterest boards and picrews are two great visual reference sources!Please read my TOS!Custom emotes will be 275x275 px at baseline.

Terms of Service

Condensed TOS

NOTICE: This is the CONDENSED version of the TOS.Detailed information is not included.
The sole purpose of this condensed version is for an easy overview of the most important points.
Please refer to the full TOS below for more detailed terms, which WILL apply to the client's orders.
Also included is a design TOS which applies to all design orders.
By engaging in an art-related transaction with the artist, the client agrees to all TOS, whether the client read through the terms or not. Unless stated otherwise, the terms listed here applies to all transactions between the client and the artist.

Full TOS

UPDATED: SEPTEMBER 2023This contract applies to the artist further called the Artist and person or institution further called the Client purchasing from the Artist a work of art further called the Product. By ordering a Product from the Artist, the Client agrees to the following terms and conditions:PAYMENTS
• The Client agrees to pay the due amount via PayPal invoice on or before approval of the initial sketch.
• Any other payment schedule has to be mutually agreed upon before work on the product commences.
• Client accepts that work on the Product past the sketches will not commence until payment has been received by the Artist according to the above schedule.PRODUCT DELIVERY
• The Client agrees that the Product will be delivered digitally to the method of communication provided by the Client, after the final payment has been received by the Artist. Said method of delivery has to be mutually agreed upon before the work commences. Client is obliged to bear any costs incurred by alternative delivery methods, such as digital service subscription fees etc.
• It is the sole responsibility of the Client to propose a delivery method which works for both parties. The Artist cannot be held accountable for the Client's loss of access to the delivery method, loss of delivered files, impediments such as spam filters or any other technical obstacles outside responsibility of the Artist.
• Upon delivery of the product, it is the Client's responsibility to store it properly. Loss of product due to negligence will not be reimbursed by the Artist. The Artist can not guarantee that the original copy of the product will be available in the case that the Client loses their files.REVISIONS
• The Client has the right to 2 complete revisions in the sketching phase.
• Client has right to a reasonable amount of minor edits after completion, such as changing an eye color or fixing a small detail. Up to an additional 10% of the total time spent on creating the originally delivered Product is available.
• Any requests above that will require a prior mutual agreement and will result in a surcharge. Any such charge will be invoiced separately. Work on any such requests will not commence until the payment for the additional invoice(s) has been received.CURRENCY CONVERSIONS
• The Client agrees to pay the total amount specified in USD
• It is the sole responsibility of the Client to bear any currency conversion costs, bank transfer fees, payment provider service fees and any other costs involved in transferring funds to the Artist.
• Payment is considered to be completed only when the total amount received on the Artist's account is equal to the invoice amount in USD.REFUND POLICY
• The Client cannot request a refund on a finished piece.
• The Client has the right to request a full refund if there's been no progress for 1 month, or when Product has not been completed within 3 months. Refund conditions for commissions which require more work must be agreed separately, before the work commences. These provisions exclude work interruptions caused by unforeseen circumstances such as illness, accident, or any other credibly documented reason for interruption of work.
• Client agrees to contact the Artist in a timely manner, responding swiftly to any requests for comments, clarifications, opinions, validation of progress, etc. Lack of timely communication from the Client will be recognized as implicit approval of all work progress and current state of the Product.PERSONAL AND COMMERCIAL USE
• The Product received by the Client is for personal use. Any use of the Product for commercial purposes: reselling it, reproduction or publishing for reasons other than personal purposes has to be approved beforehand by the Artist. This will require a separate agreement between Client and Artist defining exact conditions and financial implications of such use of the Product.CANCELLATIONS
• Artist reserves every right to refuse or cancel any order, under the condition of a full refund, without giving reasons to Client.
• Any disrespectful behavior will not be tolerated. It might result in the cancellation of the order with no right for the Client to receive a refund, and may result in refusing any service to the Client in the future.
_____________________________________PERMISSIONS
Client
• May post anywhere, with credit.
• May not use the Product for anything related to NFTs.
• May not use the Product for anything related to training any AI software.
• May not make any artistic edits to the commissioned piece (including removing artist's signature) unless further commissioned from the artist. Cropping/resizing for the sake of formatting for personal use is permitted, as long as its purpose is not exclusively to remove the signature.
• May not ask for a refund of a completed commission.
• May request a cancellation at any time for any reason. Refund will be based around the % of work completed, if applicable.Artist
• Reserves the right to post anywhere, with credit.
• Reserves the right to use the product for self promotion.
• Reserves the right to turn down any project without reason.
• Reserves the right to discuss pricing for more complex pieces.credit for TOS template

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Design TOS

For characters I have designed (ex. customs, adoptables, closed species designs)…• Once the character is handed over to the client, they belong to the client. However, the client should credit me for the design. For example, give credit when posting the character's original reference sheet drawn by me, on their toyhouse or other character listing, in the first post introducing the new character, etc. After the first post the client is not required to include credit, but should not claim to have come up with the design:• The client may not claim the design as their own creation.• The client is free to draw the character, commission art of them, cosplay them, sculpt them out of clay, or anything else! (I’d love to see the design expressed with any such things, so if the client wants to share I’m happy to take a look.)• The client is always required to credit me for the original artwork. Please do not edit the art without permission.• The client is allowed to make minor changes to the character as long as they keep the overall design intact (OK to change: gender, name, clothing, minor design elements).• The client is not allowed to make copies of the character to resell for profit (ex. creating AUs with the intent to sell the character, making the character into a CS, making my art of the character into an NFT).• The design and artwork provided with the design initially is for personal use only and may not be used for profit unless discussed with me. It may never be used as an NFT or to train AI software.• IF the client uses the design to promote hateful, violent, or discriminatory ideologies, and I become aware of any such use, the client will be disallowed from acquiring any further designs or art made by me.• Once I receive the payment, all sales are final.• The client is allowed to resell the design for no more than what the client paid.
If the design was won in a raffle, giveaway, or was received for free in any way, it cannot be sold for money — the client should give it away or trade it. See special cases below for if a free character has accumulated worth.Transferring Ownership• The design can be resold for an equal or lesser value than it was originally acquired for
(ex. if it was purchased for $15, it cannot be sold for higher than $15).• In special cases (ex. the current owner has accumulated an amount of art, physical or digital, that would increase the character’s worth), the client may increase the price proportional to that gain in worth.• Trading or gifting the design to someone else is allowed.