NOTHEGARDEN'S ✦✦✦ TERMS OF SERVICE

DISCLAIMERS
&
AGREEMENTS

Eden / Nothegarden ("I", "me", "myself", "the artist" and "my") offers freelance services consisting of digital art commissions, character design commissions ("customs" or merely "designs") and pre-made designs ("adopts", "adoptables", "auctions" or merely "designs") — all of these may also be referred to as "services", "orders", "artwork" or "products".This Terms of Service ("TOS" and "terms") governs the rights and use to every and all of my art, designs & services. By purchasing my services/commissioning me, purchasing and/or owning any design of mine or participating in any auction/sale of mine, the purchaser ("you", "yours", "client" or "commissioner") agrees to have read and accepted all of the terms and conditions here stated.Failure to abide by these terms may result in cancellation of your commission and/or permanent blacklisting from further commissions and services.✦
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✦I, EDEN / NOTHEGARDEN (the artist):
1 ✧ Retain all copyrights & rights over the commissioned artwork;
2 ✧ Will NOT claim the intellectual property (IP) of the commissioned art;
3 ✧ Will NOT profit further from the commissioned artwork unless you (the client) break any of the terms;
4 ✧ Reserve the right to post the commissioned artwork online, on social media, in my portfolio, and in publications unless an NDA is signed and paid for.YOU (the client):
1 ✧ May upload, with proper credit to me, the commissioned art on any website and social media;
2 ✧ Retain the rights to the intellectual property (IP) of the commissioned artwork;
3 ✧ May NOT profit from the commissioned artwork in any way (e.g. reselling, redistributing, uploading to POD-services, making sellable prints etc.) unless a contract and fee are agreed upon;
4 ✧ May NOT use the commissioned artwork for commercial purposes unless a contract and fee are agreed upon;
5 ✧ May NOT alter the commissioned artwork without my consent.The following is considered copyright infringement:
1 ✧ Reproducing or using the copyrighted artwork commercially (i.e. making money off of the commissioned artwork) WITHOUT a contract & fee;
2 ✧ Taking credit for the creation of the artwork;
3 ✧ Removing any watermarks or signatures;
4 ✧ Altering the artwork without my consent.✦
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Once again; my terms apply to ALL art and
designs made by me without exceptions,
regardless if you got it for free or not.2.
Anything not covered here will be dealt with
in a manner most fair to both parties.3.
I reserve the full right to deny services at any
given time in case of unagreement with the terms or
if I see you not complying with them in any way,
and not refund any payment made in the event
of violation(s) to my Terms of Service.
In case of unagreement or unwillingness
to comply with the terms, do not purchase
my services nor own anything of my creation.4.
I reserve the full right to deny services at any
given time for any reason I see fitting, including but
not limited to: having a previous problem with you
and/or the person you're commissioning me for,
or if your request makes me uncomfortable in any way.
I am not obligated to disclose this reason to anyone.5.
I have no obrigation of, nor am I liable for, keeping
track of the usage of my creations. Incase anyone
is caught breaking the terms here presented,
I must be informed immediately to take action.6.
You may NOT use my art/designs to promote:
hateful & discriminatory speech/content
(ableism, misogyny & sexism, zionism, racism,
antisemitism & xenophobia, general alt-right speech),
proship, pedophilia (lolicon/shotacon/MAP), zoophilia,
cop propaganda and LGBTQphobia.
If you agree to any of these or generally fit basic DNI
criteria, do not buy nor own anything from me.7.
You may NOT use or submit my artwork for Artificial
Intelligence (AI) or Machine Learning (ML) training sets, nor
process my artwork through generative models.
You also may NOT use or submit my artwork for Non-
Fungible Tokens (NFTs) or Cryptocurrency / Blockchain.8.
Keep in mind that my art is constantly evolving
and changing, so there might be slight differences
between my art examples and the art you will receive.9.
I will NOT accept minors/underage people commissioning
me for NSFW/mature (+18) art. I reserve the right to refuse
services if I find out the customer of NSFW artwork is underage.
Purchasing any mature art from me will automatically confirm you
have more than 18 years of age, and you agree to this; if this proves
untrue at any point, it will not be of my responsibility.10.
These terms shall be construed in accordance with
the laws of the Federative Republic of Brazil.✦
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PERSONAL
&
COMMERCIAL USE

COMMERCIAL USE can include: any monetized games, livestreams & videos, comics, music albums, vtubers, prints, posters, stickers, keychains, promotion, dolls etc. if these aren't monetized in any way, they will fall under personal use. you MUST discuss and buy commercial use beforehand; fees will depend on use.
PERSONAL USE can include: using art as wallpapers, banner or icons, written fiction, printing an art with no intent of reselling, reposting with credit, cosplay, among others. please just credit me for the art always.

GENERAL
&
ART TERMS

These are general terms that apply to ALL of my art commissions, custom design commissions and pre-made designs/adopts.
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PAYMENT & PRICING
1 ✧ All prices are in USD. When requesting the commission through VGen (the only site I take orders from), it will automatically convert to your chosen coin.
2 ✧ For your protection and mine, I accept ONLY full payments and you must pay before I get started on the art. I do NOT accept split payment or payment plans.
3 ✧ All payment will be processed through VGen.
4 ✧ My prices are subject to change over time, specially considering dollar to real fluctuaction. The price to be charged is always the one listed when you first placed your order.
5 ✧ If you are not the one paying for your order (through Paypal, card or any other payment method), you MUST have explicit permission of the payment method owner and state so in your form.
6 ✧ Order must be paid within 72 hours of being sent.
7 ✧ The price you pay when you commission me is solely for my time and work, and for personal use of the artwork provided. Commercial use is to be discussed, agreed and paid for.
8 ✧ You are allowed to buy my services to other people.
9 ✧ Tips are received only through Ko-fi and highly appreciated.REFUND POLICY
1 ✧ Once payment goes through, refund/chargeback requests for any commission/custom services are not accepted under any circumstances. Please be certain that you would like to commission me before providing payment.
2 ✧ Refund/chargeback requests for adopts/auction designs are not accepted unless I am given the design back.
3 ✧ Any attempt to force a chargeback for completed work will be handled with necessary legal council.
4 ✧ If for some reason I am unable to complete your artwork, I will contact you and provide a full refund. This does not include a commission taking longer than you would like, specially when no deadlines fees are agreed and paid for.DEADLINES & DELIVERY
1 ✧ Delivery time can range from days to years, depending on multiple factors, including but not limited to:
I. my physical and mental health;
II. the complexity of the commissioned piece;
III. other work I may be busy with.
2 ✧ Deadlines for art/design commissions shall be discussed with me beforehand and may only be accepted upon the payment of a rush/deadline fee.
3 ✧ I reserve the full right to deny services if I deem the deadline unreasonable or too tight.
4 ✧ A minimum of 4 days from the time of ordering is required, UNLESS I am paid more for an even more tight deadline.
5 ✧ You must state why you require the deadline.
6 ✧ I ask for a lot of patience when you are awaiting for an order. Regarding commission delivery, I hold the right to:
I. work on other pieces (such as, but not limited to, personal art. s3cretw0rd: stardust) in-between commissions;
II. work on commissions without following orders of request or queue, unless a deadline has to be met;
III. have breaks in-between commissions.
7 ✧ I will send W.I.Ps (Work In Progress) images whenever I think fit, but a W.I.P of the initial sketches are always provided.
8 ✧ You are NOT allowed to publicy share my W.I.Ps (Work In Progress) images. If I find you publicy using/sharing any W.I.Ps of mine, I may cancel your order without a refund and may blacklist you.REVISIONS & CHANGES TO WORK
1 ✧ I offer unlimited revisions as you deem fit.
2 ✧ I tipically will not charge for revisions and changes, regardless of the stage the order is in, UNLESS the changes you request are too major. I hold the right to say what is and what isn't too complicated for me to change, and charge revision fees as I deem appropriate.
3 ✧ Errors on my end (eg. incorrect hair type, incorrect scars etc) will be corrected with no fee, regardless of the stage the order is in.
4 ✧ Once I have fully completed your piece, you will have 7 days to request minor changes and additions.CLIENT OBLIGATAIONS
1 ✧ Write in a clear and concise manner when filling out the commission form.
2 ✧ Assume responsibility for any important information and clear descriptions/references you fail to provide that results in my inability to complete your commission to your full satisfaction.
3 ✧ Carefully read through my full Terms of Service.
4 ✧ Please provide all the necessary reference materials for your piece.
5 ✧ I reserve my right to refuse to emulate another artist's style. While references and requests to make things more cartoony/realistic are fine, asking me to "draw like [insertname]" is not.

CHARACTER DESIGNS
&
CUSTOM DESIGNS TERMS

This page presents specific terms that apply to ALL character designs made by me, be it from custom design commissions or pre-made designs/adopts.
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REGARDING TOYHOU.SE
1 ✧ All of my pre-made designs/adopts are uploaded on Toyhou.se (@nothegarden) for me to easily know the whereabouts of the character.
2 ✧ You may NOT delete a character's profile from Toyhou.se.
3 ✧ Reuploading a character on Toyhou.se may only be done if you ask for my permission beforehand.
4 ✧ You are allowed to create Toyhou.se profiles of character designs I have made to you ONLY if you link the creator ownership to me.
5 ✧ In case an owner is leaving the site or having their account closed for any reason, please contact me to discuss the character whereabouts.
6 ✧ In case you are privating or similarly limiting access to the character's profile, I would prefer to be authorized to view them and/or have an access link to their profile so I can keep track of them.CHARACTER DESIGN USAGE
1 ✧ As stated before, all character designs made by me are subject to all of the rules presented on my General & Art Terms and the Disclaimers & Agreements.
2 ✧ You are PROHIBITED of turning my designs and the features contained on it into a new, profitable, closed/original species (e.g. taking a design of a humanoid with cat ears and turning it into a closed species where traits are based on it; humanoid, cat ears). You can, however, make the character be part of an existing closed species and change their design accordingly (e.g. turn them into a Dainty).
3 ✧ Character designs made by me may have more than one owner. I am not responsible in any way for any situations that may arise out of the co-ownership.
4 ✧ You are allowed to buy character designs, pre-made or not, to other people.CHARACTER DESIGN CREDITING
1 ✧ Crediting me for the design and/or art is a requirement always.
2 ✧ Be sure to always credit me for the design and/or art if posting the character design on social media. You can either directly tag me (provided I also use said social media), link my carrd (nothegarden.carrd.co) or both.CHARACTER DESIGN EDITING / REDESIGNING
1 ✧ Character designs made by me may be slightly to absurdly edited or completely redesigned to your heart's content. You may change species, eye color, anything really unless it's ill intended (e.g. changing a black character into a white one).
2 ✧ You're free to turn both the redesign and my original design into two completely different characters or simply alternative forms; just always keep credit where credit is due.
3 ✧ You are free to make twins, alternative forms and related.
4 ✧ The redesign of a character is allowed if you follow the below rules:
I. the original, unaltered design is kept available somewhere (like a different tab);
II. all editions made comply to my full terms;
III the current owner of the character approves of the design.
5 ✧ All of my terms will ALWAYS apply to all character designs made by me, no matter how much it gets edited/redesigned nor the nature of the editions.
6 ✧ I will ALWAYS retain credits and rights to all character designs made by me, no matter how much it gets edited/redesigned nor the nature of the editions.
7 ✧ Redesigners are allowed to add their own terms to the redesign, as long as their terms do not override mine and the redesigner does not claim any rights over the character (redesigned or not).
8 ✧ Redesigners may be credited for their respective editions only. They are allowed to be added as a designer on the character's ToyHou.se profile.CHARACTER DESIGN RESSELING & RETRADING / OWNERSHIP TRANSFER
1 ✧ I do not take responsibility for any transactions other than the original sale/trade made between me and the original first owner of the character.
2 ✧ You may only RESELL a character design if;
I. you directly acquired the character from me;
II. self-made or commissioned art pieces, physical items, written pieces and/or similar types of work/services have been added to the character in order to increase their initial value.
3 ✧ You may NOT sell a character for more than you originally acquired them for, unless additional value (as described above) is provided.
4 ✧ Free works and/or works obtained by trades do NOT increase character value.
5 ✧ Character designs made by me, redesigned or not, are PROHIBITED from being sold in/for cryptocurrency or illegal currencies/items.
6 ✧ You may retrade my character designs with others.