This was the Terms of Service to customers before 6/19/2020. This ToS has since been updated to THIS.
If you are a customer reading this page know that it is a form of contract between you (the customer) and I (the Artist); that it will describe our obligations to each other, your rights to the image I provide in exchange for your payment, and what services you can expect from me (the Artist).
As a Customer you agree that when it comes time for payment for your commission that you wait to pay the invoice I (the Artist) will initiate to you. This clause is not an obligation that you pay if you submit a form in the case you would prefer to cancel your commission, rather it is a clarification that you make sure not to send me payment unless it is by paying the invoice I will send to you. You agree that you will not send me money for the cost I've quoted you or clarified to you for the commission unless it is to pay the invoice I have sent to you. This invoice will be received by Email. This clause has been created to clarify that it is absolutely your responsibility to wait for invoicing in regards to the cost of your commission's initial price. If there are charges post completion for things such as edits or additional rights I will also send you an invoice for those things. I will not send you an invoice that will list the additional cost of a "tip", this is one item that is completely your choice to give if at all, and you are by no means obligated to do so. Tipping is an option I give customers via the invoice to be paid before artwork is completed but this is not a requirement and the option is presented at that stage for the convenience of customers that have the intention of leaving a tip without having to send another transaction at a later date.
As a Customer, you automatically agree to be paying for Personal Rights to the image. The only circumstances in which you will have additional Rights to the image is if we have had a conversation over Email about the additional Rights to the image, and I have quoted you a separate price for them that you have agreed to and paid for. Personal Rights as described below are limited use rights, whereas Extended Rights and Full Rights are an additional cost to the customer quoted to you separately to the quoted price of your commission in order to cover the cost of the uses requested (Extended Rights) or to have Full Rights to the image.
Personal Rights to the final image allows the paying customer (and users/persons with characters of drawn copyrighted characters) to have the following Rights to the image:
•Persons with copyrighted characters in the image retain their rights to their copyrighted characters.
•The paying customer will have access to a high resolution .png image file upon email request after the completion of the commission. I will not provide high resolution files to customers unless the paying customer(s) ask for a copy, and in the circumstance that a customer has ordered alternate versions (more than one file) of the artwork I will likely automatically send it via Email. High resolution files are asked to remain private in all cases, meaning customers are asked to refrain posting or sharing hi-res files.
• The paying customer will not have the right to distribute or use the artwork for profit nor for non-profit/charity in any way, nor have the right to distribute the artwork to others unless those other people have copyrighted characters involved in the artwork in question. In addition, paying customers and persons with copyrighted characters will not have the right to merchandise any artwork regardless if it is for profit, for charity/non-profit, or to be given away for free. Acceptable distribution are the examples listed in the paragraph following this one, and to share the image with an individual or individuals with the intention of it being a referenced image only.
•The paying customer and subsequent persons with copyrighted characters included in the image may post the image to their personal (not business or professional) accounts, such as Furaffinity, Twitter, Instagram, Facebook, or others of a similar nature so long as the image can include a mention of me (the artist) in the description under the stipulation that the image not exceed 1280pixels by 1280pixels at it's maximum dimensions, or not to exceed the dimensions I have posted the image to my Furaffinity account. Acceptable text to mention that I am the artist are to link my Furaffinity (@vallhund) or my twitter (@vallhound) or my website (www.vallhound.weebly.com), or to mention that I am the artist of the artwork, for example "Art made by Vallhund/Vallhound". If the image cannot be accompanied by a mention to me being the artist because there is no way for that information to accompany the image as it is seen I do not give permission for the image to be posted. It will be unacceptable to post/share the artwork in any other way. This includes uses such as Youtube videos, Twitter (or similar) header images, backgrounds of accounts or websites, use in products/ video games/ software/ displays, logos, websites, advertising in any way, non-profit or charity in any way, or ultimately use for self-benefit/promotion/advertisement as I see fit.
•The paying customer and subsequent persons with copyrighted characters included in the image may print the artwork for personal use. These specific uses are: to print or have printed once for your wall, to print once for your personal files, to be printed for use as a badge (bust/badge commissions only), to be printed by an artist you have chosen to have draw your character or create a costume from your character (refsheets only). It is unacceptable to print the images of your commission for other things unless you have expressly asked my permission to do so. Examples of unacceptable printing uses are: printing stickers/decals or wrapping/covering, printing images and cutting out sections/cropping the image for badges or other uses, printing on non-traditional surfaces such as pillows/bags/fabrics/books/covers/merchandise/etc., merchandising, product packaging, personal identity such as business cards or brochures etc., logos, use on T-shirts or posters.
• The paying customer and subsequent persons with copyrighted characters included in the image may not copy/trace/alter/crop/distort/mirror or edit my artwork in any way, for any reason, unless I have given them explicit permission to do so.
• The paying customer has my permission to crop the artwork for use as an icon on personal platforms only. This may not include business/professional platforms or accounts.
• The paying customer and subsequent persons with copyrighted characters included in the image may under no circumstances sell the artwork.
• No Customer or subsequent persons are allowed to edit out/ crop/ alter/ distort the image to exclude my signature. My signature will be present in all artworks you have rights to, unless you purchase Full Rights to the image.
• No working files to the image will be provided, nor will recordings of me working on the image.
Extended Rights to the image can be purchased. If you would like the right to do any of the things not included with Personal Rights to the image I can quote you for the Rights you'd like to purchase. Extended Rights are only for the additional Rights to the image you've specifically mentioned you are purchasing, and no other Rights are to be assumed to be given.
•Extended Rights that cannot be purchased: The ability to purchase a video of me working on the commission, purchasing the Working File, the Right to sell my artwork, and in certain situations other Rights depending on intent. I (the artist) still retains most Rights to the image, including the right to distribute and monetize the image as I see fit (albeit things that I ask customers permission to do regardless).
Full Rights to the image can be purchased as well. You will be allowed to do whatever you'd like with the image at that point, including asking for a hi-res .png of the image without the signature. Working Files and Stream Recordings will still remain unavailable to regular customers, the exceptions being working files to Business customers. I (the artist) will still retain the right to use the image in my portfolio, including posting the image to my gallery after a date determined acceptable by the client.
I, the Artist, will quote customers individually for additional rights to the image based on which rights they would like to purchase as I see fit. This amount will not be stationary, as I feel each situation is individual. If you are interested in purchasing additional rights to your commission please contact me and I will Quote you for the cost of purchasing additional rights.
All of the clarification on the customer Rights to the image has been explained with specifics not as a deterrent, but as a boundary. If you are a customer concerned about whether your specific use of the image may cause issue or is likely considered additional rights, it is your responsibility and obligation to be honest and ask me. In most cases small additional requests for Rights will not have much of an additional charge.
If you are a customer that is not a Legal Adult, whatever that age may be in your country of residence, I (the artist) will absolutely not draw you content of a sexual or suggestive nature, content that involves direct or assumed violence, or content involving drugs or alcohol, regardless if you have someone that is a legal adult pay for your commission.
As a Customer, you agree to pay for your commission with your own money or accounts (defined by having your legal name on the account or card that you are using). If you have not done so, and I receive a charge-back or any other issue that results in the funds you have paid for the commission being taken out of my account, you are legally entitled to return the money previously paid to me for that commission, including fees* I've incurred from the financial institutions involved, as soon as humanly possible. Your obligation to pay for a commission you have already received does not become null if a third party person pays for your commission on your behalf, and afterwards sends me a charge-back, or any other such situation.
As a Customer you are obligated to provide me (the artist) your legal name and email contact and the legal name and email contact of the person you intend to pay for your commission. This information will be used to communicate with the person paying for the commission so that liability is something I can defend in the case the person paying files a charge-back for fraud. If I cannot communicate with the person paying for the commission and receive confirmation that they understand the purchase made and accept my TOS, I have the right to refund payment (if made) and refuse service.
You, the Customer, are legally liable to pay for the commission in full when the payment is due based on your agreement to receiving an invoice, and after the artwork has been provided continues to be your (the Customers) obligation to pay for the charge of the commission in the case the funds for your commission have been taken from me due to your actions, or a third party person's actions, or a financial institution's actions.
*Current fees for Paypal chargebacks (when a customer's financial institution such as bank or credit card company process a case of fraudulent charge to said customer's account an nullify said charge) is to charge the Merchant 20$ per issue. This means by each case filed, which tends to be per invoice.
As a Customer you also agree to adhere by both the Crucial Accuracy Rule, One Fix Rule, and accept that I do not provide works in progress.
The Crucial Accuracy Rule demands that customers type in accurate and final information on their Commission applications forms. If this information is found to be flawed/open to interpretation/easily assumed to mean something else, or if customers add additional information after the commission/working period for the day has been started there will be no altering the image to reflect those changes afterward. There may be an additional charge to apply the edits requested, but the artist retains the right to say no to edits after the reasonable deadline. The crucial accuracy rule is presented so that customers understand indecision is not a tolerable behavior to commissioning me (the artist). It is also not the Artists obligation to update your commission if you alter the markings of your character after the commission has been completed (example: updating markings on a reference sheet you have commissioned previously), and requests of this nature will certainly result in a quoted price for the alteration.
The One Fix Rule is a customer fail-safe to the artist missing speculated details or improperly coloring the character(s) referenced in the form (within reason*). If the mistake is the artist's fault, the customer has the one time, post-completion chance to contact the artist to fix those things. This is an infinite window, but only ONE alteration will be made, and it is crucial for the customer to find all issues with the artwork the first time. If additional edits must be made after the first, the artist has the right to ask for additional funds to edit the image appropriately.
I do not provide works in progress. This is directly a result of my working habits, the speed to which I complete a commission, and the expectation that you as a customer can provide me crucial accuracy in your form. If you are anxious that the result will not be what you plan for because I do not provide works in progress, please either make sure you can be available during my regular stream hours when you apply for a commission, or refrain from applying for a commission.
*Within reason refers to whether or not image references are vague and confusing, or if written descriptions are compact and hard to sort out properly. If the artist feels that either of these situations contribute to a flaw in the image, the artist retains the right to ask for additional funds to edit the image appropriately.
The artist retains the right to, at any point in the transaction, refuse service based on rude behavior, self deemed unreasonable requests, a history of credit card fraud/refunding requests, or counter-productive circumstances (most importantly the admittance by the customer of financial crisis, though reassuring the artist that this situation will still allow for a commission to be purchased).
All customers are entitled to a refund ONLY if work has not yet been created. This is regardless if the image is correct to the customer's definition, or argument of situations that might prevent the One Fix Rule from being without additional cost.
All customers are entitled to a partial refund if they choose to downgrade the artwork ONLY if the request is submitted before work has been started on the commission.
Work on any commission will absolutely not be started until the customer has paid the quoted amount IN FULL.
This page is a form of contract that you will be asked to agree to when you send me an application form. By clicking the box that asks if you understand and will adhere to my TOS in my commission application form you are giving me an e-signature that holds both you (the Customer) and I (the Artist) liable for the portions appropriate in this contract.
-Ryan Nyiro / Vallhound/ Vallhund
*Edited 1/3/2017 - Added sections on Payment Invoicing, Legal Age, Payment obligations, clarifications on payment of additional rights, and disclaimer on form of contract.
*Edited 9/10/2017 - Added clarification on the aspect of tipping
*Edited 8/4/2018 - Further clarification that payment is not contractually obligated when a form is submitted, that charges will be made for editing artwork based on an updated appearance, addition of preface as to the purpose of this contract.
*Edited 3/11/2019 - Elaborated and clarified the specific uses allowed and disallowed to customers with Personal Rights, and simplified what Additional Rights and Full Rights include.
*Edited 3/7/2020 - Clarified paragraph on distribution to include more obvious exceptions, as the word "Distribution" has multiple definitions.
As a Customer you agree that when it comes time for payment for your commission that you wait to pay the invoice I (the Artist) will initiate to you. This clause is not an obligation that you pay if you submit a form in the case you would prefer to cancel your commission, rather it is a clarification that you make sure not to send me payment unless it is by paying the invoice I will send to you. You agree that you will not send me money for the cost I've quoted you or clarified to you for the commission unless it is to pay the invoice I have sent to you. This invoice will be received by Email. This clause has been created to clarify that it is absolutely your responsibility to wait for invoicing in regards to the cost of your commission's initial price. If there are charges post completion for things such as edits or additional rights I will also send you an invoice for those things. I will not send you an invoice that will list the additional cost of a "tip", this is one item that is completely your choice to give if at all, and you are by no means obligated to do so. Tipping is an option I give customers via the invoice to be paid before artwork is completed but this is not a requirement and the option is presented at that stage for the convenience of customers that have the intention of leaving a tip without having to send another transaction at a later date.
As a Customer, you automatically agree to be paying for Personal Rights to the image. The only circumstances in which you will have additional Rights to the image is if we have had a conversation over Email about the additional Rights to the image, and I have quoted you a separate price for them that you have agreed to and paid for. Personal Rights as described below are limited use rights, whereas Extended Rights and Full Rights are an additional cost to the customer quoted to you separately to the quoted price of your commission in order to cover the cost of the uses requested (Extended Rights) or to have Full Rights to the image.
Personal Rights to the final image allows the paying customer (and users/persons with characters of drawn copyrighted characters) to have the following Rights to the image:
•Persons with copyrighted characters in the image retain their rights to their copyrighted characters.
•The paying customer will have access to a high resolution .png image file upon email request after the completion of the commission. I will not provide high resolution files to customers unless the paying customer(s) ask for a copy, and in the circumstance that a customer has ordered alternate versions (more than one file) of the artwork I will likely automatically send it via Email. High resolution files are asked to remain private in all cases, meaning customers are asked to refrain posting or sharing hi-res files.
• The paying customer will not have the right to distribute or use the artwork for profit nor for non-profit/charity in any way, nor have the right to distribute the artwork to others unless those other people have copyrighted characters involved in the artwork in question. In addition, paying customers and persons with copyrighted characters will not have the right to merchandise any artwork regardless if it is for profit, for charity/non-profit, or to be given away for free. Acceptable distribution are the examples listed in the paragraph following this one, and to share the image with an individual or individuals with the intention of it being a referenced image only.
•The paying customer and subsequent persons with copyrighted characters included in the image may post the image to their personal (not business or professional) accounts, such as Furaffinity, Twitter, Instagram, Facebook, or others of a similar nature so long as the image can include a mention of me (the artist) in the description under the stipulation that the image not exceed 1280pixels by 1280pixels at it's maximum dimensions, or not to exceed the dimensions I have posted the image to my Furaffinity account. Acceptable text to mention that I am the artist are to link my Furaffinity (@vallhund) or my twitter (@vallhound) or my website (www.vallhound.weebly.com), or to mention that I am the artist of the artwork, for example "Art made by Vallhund/Vallhound". If the image cannot be accompanied by a mention to me being the artist because there is no way for that information to accompany the image as it is seen I do not give permission for the image to be posted. It will be unacceptable to post/share the artwork in any other way. This includes uses such as Youtube videos, Twitter (or similar) header images, backgrounds of accounts or websites, use in products/ video games/ software/ displays, logos, websites, advertising in any way, non-profit or charity in any way, or ultimately use for self-benefit/promotion/advertisement as I see fit.
•The paying customer and subsequent persons with copyrighted characters included in the image may print the artwork for personal use. These specific uses are: to print or have printed once for your wall, to print once for your personal files, to be printed for use as a badge (bust/badge commissions only), to be printed by an artist you have chosen to have draw your character or create a costume from your character (refsheets only). It is unacceptable to print the images of your commission for other things unless you have expressly asked my permission to do so. Examples of unacceptable printing uses are: printing stickers/decals or wrapping/covering, printing images and cutting out sections/cropping the image for badges or other uses, printing on non-traditional surfaces such as pillows/bags/fabrics/books/covers/merchandise/etc., merchandising, product packaging, personal identity such as business cards or brochures etc., logos, use on T-shirts or posters.
• The paying customer and subsequent persons with copyrighted characters included in the image may not copy/trace/alter/crop/distort/mirror or edit my artwork in any way, for any reason, unless I have given them explicit permission to do so.
• The paying customer has my permission to crop the artwork for use as an icon on personal platforms only. This may not include business/professional platforms or accounts.
• The paying customer and subsequent persons with copyrighted characters included in the image may under no circumstances sell the artwork.
• No Customer or subsequent persons are allowed to edit out/ crop/ alter/ distort the image to exclude my signature. My signature will be present in all artworks you have rights to, unless you purchase Full Rights to the image.
• No working files to the image will be provided, nor will recordings of me working on the image.
Extended Rights to the image can be purchased. If you would like the right to do any of the things not included with Personal Rights to the image I can quote you for the Rights you'd like to purchase. Extended Rights are only for the additional Rights to the image you've specifically mentioned you are purchasing, and no other Rights are to be assumed to be given.
•Extended Rights that cannot be purchased: The ability to purchase a video of me working on the commission, purchasing the Working File, the Right to sell my artwork, and in certain situations other Rights depending on intent. I (the artist) still retains most Rights to the image, including the right to distribute and monetize the image as I see fit (albeit things that I ask customers permission to do regardless).
Full Rights to the image can be purchased as well. You will be allowed to do whatever you'd like with the image at that point, including asking for a hi-res .png of the image without the signature. Working Files and Stream Recordings will still remain unavailable to regular customers, the exceptions being working files to Business customers. I (the artist) will still retain the right to use the image in my portfolio, including posting the image to my gallery after a date determined acceptable by the client.
I, the Artist, will quote customers individually for additional rights to the image based on which rights they would like to purchase as I see fit. This amount will not be stationary, as I feel each situation is individual. If you are interested in purchasing additional rights to your commission please contact me and I will Quote you for the cost of purchasing additional rights.
All of the clarification on the customer Rights to the image has been explained with specifics not as a deterrent, but as a boundary. If you are a customer concerned about whether your specific use of the image may cause issue or is likely considered additional rights, it is your responsibility and obligation to be honest and ask me. In most cases small additional requests for Rights will not have much of an additional charge.
If you are a customer that is not a Legal Adult, whatever that age may be in your country of residence, I (the artist) will absolutely not draw you content of a sexual or suggestive nature, content that involves direct or assumed violence, or content involving drugs or alcohol, regardless if you have someone that is a legal adult pay for your commission.
As a Customer, you agree to pay for your commission with your own money or accounts (defined by having your legal name on the account or card that you are using). If you have not done so, and I receive a charge-back or any other issue that results in the funds you have paid for the commission being taken out of my account, you are legally entitled to return the money previously paid to me for that commission, including fees* I've incurred from the financial institutions involved, as soon as humanly possible. Your obligation to pay for a commission you have already received does not become null if a third party person pays for your commission on your behalf, and afterwards sends me a charge-back, or any other such situation.
As a Customer you are obligated to provide me (the artist) your legal name and email contact and the legal name and email contact of the person you intend to pay for your commission. This information will be used to communicate with the person paying for the commission so that liability is something I can defend in the case the person paying files a charge-back for fraud. If I cannot communicate with the person paying for the commission and receive confirmation that they understand the purchase made and accept my TOS, I have the right to refund payment (if made) and refuse service.
You, the Customer, are legally liable to pay for the commission in full when the payment is due based on your agreement to receiving an invoice, and after the artwork has been provided continues to be your (the Customers) obligation to pay for the charge of the commission in the case the funds for your commission have been taken from me due to your actions, or a third party person's actions, or a financial institution's actions.
*Current fees for Paypal chargebacks (when a customer's financial institution such as bank or credit card company process a case of fraudulent charge to said customer's account an nullify said charge) is to charge the Merchant 20$ per issue. This means by each case filed, which tends to be per invoice.
As a Customer you also agree to adhere by both the Crucial Accuracy Rule, One Fix Rule, and accept that I do not provide works in progress.
The Crucial Accuracy Rule demands that customers type in accurate and final information on their Commission applications forms. If this information is found to be flawed/open to interpretation/easily assumed to mean something else, or if customers add additional information after the commission/working period for the day has been started there will be no altering the image to reflect those changes afterward. There may be an additional charge to apply the edits requested, but the artist retains the right to say no to edits after the reasonable deadline. The crucial accuracy rule is presented so that customers understand indecision is not a tolerable behavior to commissioning me (the artist). It is also not the Artists obligation to update your commission if you alter the markings of your character after the commission has been completed (example: updating markings on a reference sheet you have commissioned previously), and requests of this nature will certainly result in a quoted price for the alteration.
The One Fix Rule is a customer fail-safe to the artist missing speculated details or improperly coloring the character(s) referenced in the form (within reason*). If the mistake is the artist's fault, the customer has the one time, post-completion chance to contact the artist to fix those things. This is an infinite window, but only ONE alteration will be made, and it is crucial for the customer to find all issues with the artwork the first time. If additional edits must be made after the first, the artist has the right to ask for additional funds to edit the image appropriately.
I do not provide works in progress. This is directly a result of my working habits, the speed to which I complete a commission, and the expectation that you as a customer can provide me crucial accuracy in your form. If you are anxious that the result will not be what you plan for because I do not provide works in progress, please either make sure you can be available during my regular stream hours when you apply for a commission, or refrain from applying for a commission.
*Within reason refers to whether or not image references are vague and confusing, or if written descriptions are compact and hard to sort out properly. If the artist feels that either of these situations contribute to a flaw in the image, the artist retains the right to ask for additional funds to edit the image appropriately.
The artist retains the right to, at any point in the transaction, refuse service based on rude behavior, self deemed unreasonable requests, a history of credit card fraud/refunding requests, or counter-productive circumstances (most importantly the admittance by the customer of financial crisis, though reassuring the artist that this situation will still allow for a commission to be purchased).
All customers are entitled to a refund ONLY if work has not yet been created. This is regardless if the image is correct to the customer's definition, or argument of situations that might prevent the One Fix Rule from being without additional cost.
All customers are entitled to a partial refund if they choose to downgrade the artwork ONLY if the request is submitted before work has been started on the commission.
Work on any commission will absolutely not be started until the customer has paid the quoted amount IN FULL.
This page is a form of contract that you will be asked to agree to when you send me an application form. By clicking the box that asks if you understand and will adhere to my TOS in my commission application form you are giving me an e-signature that holds both you (the Customer) and I (the Artist) liable for the portions appropriate in this contract.
-Ryan Nyiro / Vallhound/ Vallhund
*Edited 1/3/2017 - Added sections on Payment Invoicing, Legal Age, Payment obligations, clarifications on payment of additional rights, and disclaimer on form of contract.
*Edited 9/10/2017 - Added clarification on the aspect of tipping
*Edited 8/4/2018 - Further clarification that payment is not contractually obligated when a form is submitted, that charges will be made for editing artwork based on an updated appearance, addition of preface as to the purpose of this contract.
*Edited 3/11/2019 - Elaborated and clarified the specific uses allowed and disallowed to customers with Personal Rights, and simplified what Additional Rights and Full Rights include.
*Edited 3/7/2020 - Clarified paragraph on distribution to include more obvious exceptions, as the word "Distribution" has multiple definitions.
