T.O.S
TERMS OF SERVICE
DISCLAIMER:
BE AWARE!!! RULES, RESTRICTIONS AND GUIDELINES CAN BE CHANGED AT ANY TIME!*** TOS DOESN'T JUST APPLY TO COMMISSIONERS! TOS ALSO APPLIES TO ANY VISITOR/FOLLOWER/SUBSCRIBER VIEWING/USING/INTERACTING WITH MY ART/MEDIA/WEB PAGES***
Hello Commissioner!Thank you so much for considering me as your artist! It means so much to me that you stopped by. I have a variety of commission types to offer, and if what you want is not listed, please send me a message and we can decide together if your request is possible. Below I have listed rules that we BOTH must follow to make this a positive and successful experience. Keep in mind that I am a human being and not a slave or machine. I have responsibilities, wants, and needs that need to be met and fulfilled. Sometimes these daily requirements may slow down my work, and affect my ability to perform, but know that I always do my best and that my responsibility to you is still high on my list. If you have any questions or concerns, please send me a DM or note so that I may provide you with an answer. I look forward to working with you!Much Love,Kitten
★Please read Contract★
My promise to you
★Please read all the rules★☆When you commission me, you are agreeing, and are subject to my TOS and Contract linked above. The TOS applies to(but not limited to) any viewing/interaction/use of any and all my art, media, web pages and websites I use, not just where I sell my commissions. I will do my best to be clear and concise with everything that is posted. Please DM/Note me if you have any questions or concerns.☆Payment is a form of agreement and gives consent to begin, process, and complete your commission.☆Claiming to not read or not be aware of the TOS does not void you from responsibility. It is freely accessible and must be acknowledged in your request. If it is not, then your commission will be put on hold or cancelled.☆My commissions may not reflect my morals, values, beliefs, or interests and is not a reflection of my integrity or character. Please understand this as a paid job and not personal work.☆With all due respect, I have the right to refuse service to anyone, at any time, for any reason! It is within my right to protect myself and my business. It is also with a good conscious that I help you make sure that commissioning me is within your best interest. I am not like other artists who take advantage of other's trust, ignorance, or money. If I feel or determine that it is to your detriment to commission me, I will council you to do what is best for you and most likely refuse the request, or post pone it to a later date when you are in a better position to request a commission.☆Please be aware that while I will do my best to follow descriptions and references provided by you, you must acknowledge that my artwork is my best interpretation of that information you have provided and due to style, skill level, and other variable factors, the resulting commission may or may not be as desired or as imagined. In the event an error is made I agree to edit and alter the artwork if the request is within reason.☆Commissions are a personalized/customized artwork created with my time, effort, skills, and materials which took me years to cultivate and polish. All of these cost time, money, and effort to maintain which will effect all my business decisions. I hope you understand that my service is valuable and considered a luxury. Due to the nature of commission work, you must acknowledge that I, the artist, am not a retail store where you can return or exchange purchases. Any decisions made in consideration of that are at my discretion. All items created are "As-Is".***"As-Is" in this case is define by an artist selling a commission or service, and the commissioner purchasing a commission or service, and accepts the result in the promised condition/detail as agreed upon by the commissioner and artist. Once item is delivered, the commissioner is allowed to request edits/alterations at that time as long as requests are made within reason. Any extensive edits or alterations will be at additional cost. After that time the Commissioner accepts the commission in whatever condition it presently exists, "with all faults", whether or not immediately apparent. Any edits that are requested after that will be at additional cost. The artist is then released of further responsibility at the end of the transaction.★Expected Time★☆Min: 1 week☆Max: 6 months☆Extended: Commissions that have taken 7 months or more will be upgraded OR gifted with additional artwork. Extended time frames like this mean that has come up or some other extenuating circumstances are not allowing me to complete the commission in the promised time frame. I promise I have not forgotten you and you will be rewarded for your patience.☆Rush: Rush jobs are extra $$$ and need to be discussed upfront to make sure that I can complete the work in the requested amount of time.★Will not do★☆ NO CP, FP, watersports, scat, and other immoral or unsanitary themes☆Vore, Gore, violence/pain, bdsm, "animal" parts(extra breasts/genitals). I am very flexible with these requests but I have limitations. A discussion may take place before moving forward with your request. I will not encourage violence, hate, or harm toward anyone, especially toward children and animals. If your idea is to close for comfort to be considered harmful or a violation of my morals, I will decline your commission. If the idea is viable, I may offer to modify so that it is ethical to continue.☆Robots, inorganics, detailed backgrounds. maybe but most likely no because I am not very good at them. I am willing to try but don't charge back if it's not perfect.★Your Responsibility★☆Must be 18 years of age or older.☆100% of payment is due upfront unless otherwise agreed upon. Payment plans are at artist discretion.☆50% of payment is non-refundable once work is started due to reserved time☆If more than 50% of commission is completed, there will be no refund☆The commission will be given to you at the point of completion or the point where progress has ended☆Payments that use accounts or money that do not belong to you require written permission from that person or some other form of contact☆Gifts that are commissioned must be approved by the person who is receiving so as not to upset them and keep us out of trouble☆All details and references must be complete, clear, and concise.☆Written descriptions are welcome but I will not accept roleplay, blog entries, stories, or other writing where I have to scrounge for details.☆Communication is important! Please let me know how I can help you, likes/dislikes, and how things are going. I want to make sure you are happy with the result and that you are ok. Alert me to any issues that may arise, that may affect me, you, or the commission. (ex, payment, changes in personal info, interruption in communication etc.) Also, let's be positive and respectful to one another so we can build a strong client/artist relationship.☆If you want me to Redraw or finish another artist's unfinished commission, or an old commission, you must ask permission of the original artist, provide proof of permission, and preferably obtain the original file☆If you wish me to collab with another artist, I am open to the idea. All details must be discussed and planned beforehand in regards to who is doing what and payment☆Professional/Industry requested commissions or commissions that will be used for the creative media, merchandise, or other for-profit use will have a special rate and accompanying contract☆Do not send any spam, advertisements and other non-sense to me on any media accounts or websites. It will be deleted and you risk being blocked!★Payment★☆You must use a valid account from any vendor you choose to use. Paypal is my preferred vendor. I also have stream labs and venmo. At this time I do not accept any crypto currency as payment.☆You must obey the vendor's TOS when commissioning so that we both avoid any trouble☆I will send you a detailed invoice to make payment unless circumstances or previous discussion permits otherwise☆In the invoice, please select the option that address is not needed or the item is digital goods (whatever it shows) so that vendor does not ask for delivery and tracking number☆I will not charge extra for PayPal's user fee. It is against Paypal's TOS and is a business expense that I, the artist, is responsible for. If you wish to, you are welcome to tip to offset that cost, or if at completion you are happy with me and the commission you received. I much appreciate it.☆Payments that are refused or canceled are due to something being inaccurate. I will resend it or you can request again to make sure that the invoice is accurate.☆Issues that arise with the use of fraudulent accounts or incidents that result in chargebacks will be your responsibility to rectify/compensate. If necessary these claims will be disputed and may result in further legal action★Donations and Tips★☆Donations and tips are given out of the kindness of your heart. As much as I appreciate it, please understand this type of transaction is non-refundable, non-profitable, and/or exchangeable for any service, favors, personal gain, or relationship status and cannot be withdrawn or charged back. I am also not obligated in anyway way to acknowledge or return said donations☆I will do my best to acknowledge your support, but please understand that if I miss you it's not intentional★Finished Artwork★☆When the commission is finished, it will be posted on all media pages and websites at a reduced size. Both the HD version and the small version will be provided to you. The HD version is for personal use only and may not be posted publicly★Canceled Commissions★☆As listed previously 50% of payment is non-refundable once work is started due to reserved time. If more than 50% of the commission is completed, the work will be finished and there will be no refund. The commission will be given to you at the point where progress has ended. Returns for special circumstances may be possible and will apply at my discretion. Proof may be required☆After deliberation, if you are eligible for a refund, I will refund you via the payment method you paid with. I will send it promptly or as soon as I am able. I will be the one to initiate a refund so that the return will run smoothly. Payments/Refunds will be logged and dated, and personal information recorded☆Regarding special and emergency sales, there will be NO REFUNDS under any circumstance. The only way refund is possible is if the commission has not been started. There is a good reason I am discounting my prices, so I hope you understand my situation☆Regarding professional commissions, the contract must be honored and compensated for the time spent and the amount of work completed. The job will then be canceled from further progress☆COMPLETED COMMISSIONS WILL NOT BE REFUNDED FOR ANY REASON!!!☆Any claims opened to dispute and force a refund, the refund will become null and void★Victim of Scam★☆If you are a victim of a scam or of unapproved purchases by person(s) other than yourself, you must take action against the person(s) who made such unapproved purchases.☆I am not liable, responsible for lack of respect, morality, integrity of person(s) making irresponsible or illegitimate purchases. (ex: child using account without parental permission)☆I will not have a claim or dispute opened against me or be legally pursued for actions of another person, knowing or unknowing, misguided, uninformed, irresponsible, and the like or otherwise☆If you must take legal action against the person who abused your account and or trust I will provide any and all information to support your case☆Person(s) discovered to have misused or abused another person's account will be BLACKLISTED!!!☆Scam artists will be subject to legal action, refer to the legal section below★Blacklist and Artist Beware★☆I am a very patient and understanding person, but you must understand that my kindness is not a weakness. So, if at an instance I feel like myself or my business is at risk, or if or if our interaction becomes too negative or complicated to tolerate, our business together will end.☆Behavior that is inappropriate, invasive, or harmful in any way will result in BLACKLISTING and will be reported to appropriate channels and/or persons☆BLACKLISTED persons will have their user information published to my buyer beware page so that other artists who are considering working with you will be aware of the risk. The disclaimer will be in the form of an honest client review to allow other artists to assess the risk to themselves and decide if they want to work with you. Personal info will be revealed to legal and law enforcement if necessary☆Scammers/Blacklisters/Thieves etc lose rights over the artwork that was commissioned and are forbidden from using it. When the artwork is posted, it will have invasive watermark and quality lowered further than the small version★Copywrite and Legal★☆My art is only licensed to those who receive their commissions.☆The commissioner may post, and share commissioned images(small version only), and may use character design(or similar) for use as reference in forum or RP, but be sure to credit me☆No person(s) or company(ies) may copy, reproduce, steal, trace, reference, alter, edit, update, recolor, redesign, sell/resell, publish, upload or transmit my artwork ANYWHERE at ANYTIME without credit or my verbal and/or written permission first. Agreements will be given explicitly to specific person(s)/company(ies) and only applies to items/instances discussed. At NO TIME does one agreement to one item/instance give you/them the right or access to the rest of my body of work including but not limited to all my sites, pages, art and other media.☆Commissions may not be for re/sale unless previously discussed or as part of an adopt where the artwork is attached to a character.☆I hold full copyright over the work excluding characters and themes/styles included that are not my own☆You may purchase a license or ownership to the image but still is restricted to Copywrite rules and TOS☆In the event you (person(s) or company) violate the TOS, exude behavior/intentions that become malicious or harmful to me or my business, I will be well within my right to take necessary action. Including but not limited to: Sabotoge, theft, hacking, scamming, payment dodging my business or copying, reproducing, stealing, tracing, referencing, altering, editing, updating, recoloring, redesigning, selling/reselling, publishing, uploading or transmitting my artwork will result in correction and may result in additional legal action if not appropriately resolved. The person(s) or company(ies) involved will be informed of this agreement to reinforce TOS and repercussions against violator(s) and cancel claims or disputes against myself if they occur. Pursuit of claims and/or disputes despite agreement, OR failure to comply with me(the artist) or legal request/enforcement, you will be responsible for compensating me for loss of income/potential income, inconvenience, loss of work/wages (including projected/possible loss) due to theft or cancelled job and for tarnished reputation/defamation, undue stress (physical/emotional), and for hardship in finding future work from other persons/companies. Money/profit you accrued/made during the use of my service and the works created during that time and thereafter will be paid back to me in full in a timely fashion as well as you will be responsible for compensating and paying for all legal fees accrued during legal process or as a result of violation.☆Regarding work with person(s) or company(ies) that result in issue or legal claims: if you are caught commissioning me professionally but under the guise of a normal commission for commercial/profit purposes, if you are caught using my work without permission for professional/commercial/profit reasons that are outside the contract agreement, if you are caught using ANY of my work (commission or not) without permission that has not been paid for/purchased/licensed to you/your company, you will be subject to repercussions as follows: I will be compensated for every item sold, all profit accrued as a result of selling, all profit accrued using my work for advertisement and compensation for inconvenience, ANY Money/profit you accrued/made during the use of my service and the works created/used/stolen/ect during that time and thereafter will be paid back to me in full in a timely fashion as well as you will be responsible for compensating and paying for all legal fees accrued during legal process or as a result of violation. I will also be compensated for loss of work/wages (including projected/possible loss), tarnished reputation/defamation, undue stress (physical/emotional), and hardship in finding future work from other persons/companies.
☆I will not be punished or pursued for copyright infringement, or for money or damages resulting from image(s) created by myself as a result working for a person or company. I am fully if not solely reliant on the client's references and information therefor I am not liable for items made or provided by the company in any condition and works created during or thereafter. Any instance that results in loss of money, fees/fines, personal or legal claims, or in damages are to be directed at the party who is responsible/at fault. None of my possessions will be seized, removed, erased, or damaged etc...at any time before, during, or after employment for any reason. Party who commissioned/hired me will be responsible for any and all money loss, fines, fees, damages and personal or legal claims made against me and or company/persons involved. From resulted neglect to inform, protect, research etc... I refuse to further work with said persons/company and I will be released and compensated for inconvenience, loss of work/wages (including projected/possible loss) due to canceled job and or tarnished reputation/defamation, undue stress (physical/emotional), and hardship in finding future work from other persons/companies, Money/profit accrued/made during the use of my service and the works created during that time and thereafter will be paid back to me in full in a timely fashion as well as you will be responsible for compensating and paying for all legal fees accrued during legal process or as a result of violation.☆ANY Persons(s) and company(ies) who interfere with or cause interference for my business whether it be blocking, harassment, slander, libel, defamation, sabotage, destruction ETC attempted, on purpose, by accident, or unintentionally, risk legal action against them and will be BLACKLISTED and are subject to above listed repercussions.☆ IF YOU HAVE BEEN ISSUED A "DMCA TAKEDOWN"(Digital Millennium Copyright Act), A "TAKEDOWN REQUEST", OR A "CEASE AND DESIST" NOTIFICATION(letter/email/dm/pm/note/text/message) FROM ME YOU MUST COMPLY IN THE TIME FRAME GIVEN OR I WILL TAKE LEGAL ACTION AGAINST YOU!☆NO COMPANY OR PERSON HAS THE RIGHT TO LIMIT OR CONTROL MY ARTISTIC, CREATIVE PURSUITS OR INCOME. What I do with my skill, knowledge, ability, material/supplies, body etc is my own right and responsibility. If you wish to limit or control me or my work in anyway, there will be a fee and agreement. If fee is not paid or agreement not made, business will continue as usual or business will cease and I will take myself and my business elsewhere.☆I WILL NOT BE RETALIATED AGAINST OR PUNISHED FOR PROTECTING MYSELF, MY INTERESTS, OR MY BUSINESS. ANY ACTION TAKEN AGAINST ME WILL RESULT IN FURTHER LEGAL ACTION!★For Adoptables★☆IMPORTANT ALERT!!! All adoptables made by me are for personal use only! Any adoptables purchased for the specific use or intent to make more money is FORBIDDEN! This includes immediate resales, Fursuits, merchandise of any kind, and other commercial uses unless otherwise discussed and agreed upon before hand, or at some point before income/profit is made. If your intent is to make additional income/profit, and we agree together and move forward with that decision, equivalent compensation is necessary or buyout/license fee is necessary. Failure to comply will earn you a spot on my blacklist and surrender of the adopt!☆Once you adopt a character from me, you’re free to do as you wish with that character. With your purchase, the rights to the character become yours. Rights include alteration to the character and future sale of the character. Alterations include but not limited to: changing the design, gender/sex, additions to the design, or subtractions to the design. All I ask for is credit for the initial design/concept, whether you plan on keeping the original art or if you request/commission another artist to create a new/additional reference for you.☆Regarding resales: You may resell the character you purchased for the same value you purchased the character for. A higher price is only acceptable when additional art or tangible goods (such as plushies, clothing, media, etc) are included with the sale the character design. "One-offs"/"original"/"One-of-a-kind" designs are ok for resale, never for trade.☆Regarding trades: Only adopts made on the bases can be traded. Any "One-offs"/"original"/"One-of-a-kind" adopts should only be resold. I put a lot of time, effort, and love into these designs. Bringing them into creation, for me, is like a child being born. I wish for them to be loved and cherished as you would a beloved family member. Seeing them being mistreated/mishandled/passed around is upsetting and disheartening. Please be good to them. Thank you for understanding.☆Regarding Merchandise/tangible goods: You are welcome to turn my designs into products such as plushies and suits as long as they are for personal use and not commercial use! As long as I am credited for the initial design you can make as much personal items as you wish.☆If you wish, you are welcome to share with me the stuff you made using my designs! It warms my heart to see them!★For Bases★☆Once you have purchased one of my bases, you are licensed to use it. You may create your own personal designs for personal use or to make your own adoptables to sale. You can also use them to make reference sheets.☆You’re also allowed to accept custom design commissions on the base using your own original designs such as: themes, inspirations, challenges, moodboards, or color swatches.☆Tracing/altering my bases to make your own bases is not allowed, and will result in blacklisting!☆Giving my bases to others at charge or for free is not allowed. This hurts me and my income, so don't do it. This WILL result in blacklisting.☆You may price your designs and commissions according to the amount of time and effort spent on the designs to create it. There is no limit to how much you’re allowed to make.☆If my base is used by you in any way, it is required that you credit me by linking back to at least one of my media pages and to my store link. This way I receive credit and so others can purchase my bases! Please do not simply credit me by saying “Base by (username)”☆acceptable links are direct links to any of my sites or @ing me on social media★NFT/AI ART★☆AT NO TIME EVER IS MY ART, MERCH, AUDIO, VIDEOS, OR OTHER FORMS OF CREATIVE WORK MADE BY ME TO BE MADE INTO NFT OR TO BE USED IN AI GENERATORS OF ANY KIND!!! ONLY I MAY MONETIZE MY OWN WORK!!! (unless previously contracted)☆Parties who creates NFT OR INTEGRATE MY ART INTO AI GENNERATORS, OR SELL WORK MADE from my creative works or personal media will be pursued legally.
F.A.Q.
★Frequently asked questions★
☆Why does the disclaimer say "BE AWARE!!! RULES, RESTRICTIONS AND GUIDELINES CAN BE CHANGED AT ANY TIME!"--It is to accommodate the different situations or issues that may arise that may involve how commissions, information, and payments (etc.) are handled. Being current is key to keep business and transactions running smoothly.☆What if I don't agree to your tos?☆--Then no commission for you! :)☆You draw things I don't like, why should I support you?☆--This is a job. A job that pays money. Money feeds, houses, and provides for me. Essentially your commission helps take care of me. You should feel good about supporting that.--I don't always like what I draw either, but just so you know I won't draw things that will directly harm anyone or intentionally harm anyone or are morally wrong.☆Why the long time frame? Should I be concerned?☆--The long time frame is due to my my health and jobs I take out of necessity. Unfortunately commissions don't always cover all the bills so I must find income during dry spells. The more you support me the faster they will be finished.--No you should not be concerned. I am an honest person and don't take dishonesty lightly. I always do my best to be dependable and flexible and fully commit to my work. I also always try to make up for my shortcomings and mistakes active problem solving. Your patience and loyalty will be rewarded!--Rewards can be, but not limited to: Upgrades to your commission without extra cost, additional artwork without extra cost, discounts on a future commission, gifts such as merchandise, etc. These rewards are chosen and made at my discretion. Options may given, not promised.☆Why is your "Will Not DO" List so weird?☆--I try to be flexible with some themes, other themes I am not that good at, but some are a hard no!☆Why must I pay 100% upfront?--You are reserving time I could be doing something else, and my time and skills are valuable. Many artists and companies request you to pay upfront for their products and or services. Buying a house, a car, any purchase on the internet for that matter, requires full payment upfront or a portion as a down payment or deposit. Pay first, receive later.☆Why is 50% of the commission once started not refundable?--You reserved my time and skills which are a luxury. I could have been doing something else. You also took up time that I could have been working on a commission for someone else. Many artists and companies charge a "fee" for canceling appointments or returning products. Basically, you don't get your deposit back.☆Why if the commission is 50% or more completed, I don't get the amount of the unfinished portion back?--You reserved my time and skills which are a luxury. By this time the commission is almost complete, and I have poured enough of my time and energy into it that I would like it to be completed. I could be doing something else with my time, but I chose to create this beautiful artwork for you instead. Please appreciate my dedication.☆I noticed your LEGAL and COPYWRITE section is quite extensive and kind of SCARY! Am I at risk?--The legal and copywrite section is in regards to those who want to harm me, my business and you. This is mostly directed at people and businesses who are stealing my work and selling them as their own, INCLUDING commissions YOU have paid for. Basically they are making money off you and me without an agreement or permission which is disrespectful and repulsive. As long as you conduct yourself respectfully and responsibly and follow the rules, everything will be fine.
best wishes!
