Owl's Terms of Service

This is where I keep all my rules and possible other important things when it comes to buying/owning my designs as well as commissioning me.

BUYING & SELLING MY DESIGNS


> Once you have bought a design, it's yours. You are free to do what you wish with it and redesign it if you want but I will never allow you to take the Creator Credit away from me, especially in Toyhouse. You may have redesigned my OG Design but you will not take off my name from the Credit.> I do not require credit in every image you draw with the design, but I would like to have credit in references or/and Toyhouse pages!> You may sell my design whenever you want, but please sell the design for what you paid for. [ OF COURSE if it has extra art, you may price it to your desire ]> Of course one of the most important to me is when you will be paying for the Design. When you pay, you will give me your email. Do not ask me for mine. I have come across many scammers that send money my way and then refund them immediately, for this I will only use invoices from now on. This is not only for Adopts but also for my commissions.


GENERAL COMMISSION RULES

PRICING, PAYMENT & COMMUNICATION

  • Please have Discord. I require communication with my clients as much as possible. It will be easier for me to get feedback and more accessible for you to see any details that I missed for me to fix later.

  • If you are a commissioner from Twitter, the rule above does not apply to you. And I will continue to communicate with you through Twitter DMs

  • Acceptable Payments are through Paypal and Ko-fi ONLY, GCash is only acceptable towards Filipino clients. Further, prices through Ko-fi will be negotiated through DMs

  • Funds/Payments will be fully paid upfront unless the price has reached $100+ I will allow, and sometimes, require half payment up front and the last half after the commission is done.

  • Do not commission me if you do not have the funds, I am happy to put holds on you for when you can pay but do not tell me right after I accept your commission.

  • In terms of NFTS AND AI LEARNING Should the client decide to change or alter the commissioned work using any form of artificial intelligence, machine learning, or derivative technologies in order to create copies and varieties of the work. I will consider this an automatic purchase of exclusive rights and charge the standard fee per artwork. Please inquire about your exact fee for your commission in advance.

  • *If unsure of what is okay ( and not okay ) with the artist (OwlTails) in terms of commissions, feel free to send a DM on any available socials.


REFUNDING, CHARGEBACK & RUSH FEES

  • I can refund 100% of the payment only if I have not started working on the sketch.

  • Once I start the LINEART there will be NO REFUNDS.

  • I can only refund around 80% if there are errors in PayPal fees, taxes, and/or transfer fees.

  • If I cancel a project, I will reimburse the lost fees and refund 100%.

  • If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.

  • You are NOT authorized to issue a chargeback for any reason.

  • If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.

  • You are required to contact me when you need to cancel a commission request.

  • Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.

  • Rush fees are at least + 25% of the commission. Fees might vary depending on the project and the timeframe provided.

  • Estimated project start dates are on my commission page.

  • However, in some cases, I am able to accept a rush commission that would bring your queue up forward significantly.

  • Dates provided are subject to change, details are to be discussed should the client have set dates.


Client

  • You, the Client, will be expected to first read my TOS and understand my general Commission Prices.

  • You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.

  • You may not upload or host my work in any gallery that is intended to display your own work only.

  • You may not claim my work as your own.

  • Please only upload the smaller file publicly unless otherwise discussed.

  • You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.

  • You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale).

  • You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.

  • In the case of an adoptable, you retain the rights to the character design.

  • You are NOT authorized to change, modify, edit or use my works without my permission.

  • You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.”

  • Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.

  • DO NOT TAKE OFF THE WATERMARK This applies to any rendering, edits, and or filters added to the commissioned works.

  • Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.

  • These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.

  • During the process of ordering a commission from me, you agree that you have enough patience to wait 3 days – 3 weeks depending on the complexity and quantity of your commission. As a student and as an Artist on the side, time is of the essence. thus your consideration and patience are required and expected.

  • By placing an order, you agree to these terms and conditions. Please read these terms carefully.


Artist

  • By commissioning me, you are purchasing my service as an artist only.

  • I reserve the right to post your finished artwork in my gallery for any reason.

  • I reserve the right to decline any project or client for any reason.

  • I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.


18+ COMMISSION RULES

  • I do not and will not do the following: Extreme NSFW, Mecha in General, Elderly, Fetish Art, Bara, and anything that makes me feel uncomfortable to any extent.

  • NSFW commissions will be priced the same way as any priced commission listed. (there are no extra fees for NSFW commissions)

  • Only ONE NSFW commission will be accepted per monthly commission opening that is held.


COMMERCIAL USAGE AGREEMENT

  • If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.

  • The minimum price increases 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.

  • The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards, etc) examples range from but are NOT LIMITED TO: Any form of emotes, Thumbnails, Banners, etc.


FINAL NOTES

Credits to KUZUKAWA/Yume Kuzukawa/Yuyu for allowing others, myself included, to alter/copy their TOS in order to help artists protect their art and copyright