ophanimera oekaki art shop
TABLE OF CONTENTSA. Preface
B. Credit and Modification of Completed Art
C. Permission Requests
D. Allowed and Disallowed Subjects
E. Time Frames
F. Tangible Art and Merchandising
G. Regarding Closed Species Content
H. Privacy Policy
A. PREFACE:In commissioning me as an artist, you, as the commissioner, hereby agree to all following terms outlined below.
I retain the right to refuse current or future service or sale on a case-by-case basis, for any reason. Violation of these terms of service may result in blacklisting from future service. Evading the blacklist by proxy will result in blacklisting all involved.
For real-currency commissions, you must be at least 18 years old to commission me. Your own PayPal account is required to commission for real currency. You will receive the payment request from me via PayPal invoice. Other forms of payment are negotiable upon request, but you still must be 18 or older to commission in order to be bound by the terms of service. All real-currency transactions will be discussed via Discord, my username there is
somnacanth. Please also post the form to the thread.
For virtual currency commissions, please use the commission form from my shop on that website and send all inquiries to my Discord, somnacanth. Please also post the form to the thread. All ChickenSmoothie virtual currency commissions should send payment up-front via trade to user ID 604943, username ophanimera, for accepting once the art is finished.
All commissions are final sale, and no refunds will be issued once the completed art is delivered. I will be checking in as progress is made to ensure art is completed to the commissioner's or commissioners' satisfaction. Current estimated time of completion on a full-body piece with painted background is 2-3 weeks, possibly longer if real life circumstances prohibit. All payments are final. No refunds will be furnished, unless circumstances arise which would render the artist incapable of completing the art.
My art should not be turned into NFTs. My art should not be used to train AI software or be included as a part of datasets collected for this purpose.
B. CREDIT AND MODIFICATION OF COMPLETED ART:1. Regarding credit of all art provided, on any digital format:
All signatures must be left as-is on provided final art. Watermarked and signed versions will be posted to rainboxys' relevant accounts for advertisement and portfolio purposes. A non-watermarked version will be provided to the commissioner for personal use exclusively, unless otherwise negotiated for commercial use.
As the commissioner, you must credit all art commissioned and original designs purchased from me when and where it is posted. When possible, this should be done via text in the description of the image, linking to or pinging to my username and/or website, as necessary. If possible, please refer them to both my twitter AND the username on the same platform that the art is being posted to. If posting my art to a platform that is not mentioned, please credit only my Twitter, ophanimera.
Active Accounts:
carrd: rainboxys.carrd.co
Tumblr: ophanimera
twitter: ophanimera
DeviantArt: ophanimera
toyhou.se: ophanimera
Instagram: ophanimera
chickensmoothie: ophanimera (user id 604943)
2. Regarding modification of final art provided:
Completed final images should not be directly altered by anyone other than the artist, ophanimera, without express permission. Should any additional changes to a finished artwork be desired, please reach out to ophanimera for appropriate edits.
You may change any aspect of a unique/one-off design by me that you like, however you must retain the original image and provide that with the redesigned reference(s), if the character is sold or traded. Credit must always be retained to me for the original design. Design alterations should be done on a new base and the old reference should not be traced or colored over.
You may not use a unique/one-off creature design from me as a base to create your own closed species, without my express permission.
You do not have to notify me if you'd like to move a premade design to a different species or base. However, credit to me must be retained for the original design and the original design should be retained.
You should not sell adopts made by me, without any additional art, for more than you have paid for it. The value of commissioned pieces may be added to the resale value of the character. If you are found reselling for an inflated value, you will be permanently blacklisted from all future sales.
C. PERMISSION REQUESTS: If seeking permission or clarification regarding topics in my Terms of Service or permission modifying final art, please contact me at somnacanth on Discord.
D. ALLOWED AND DISALLOWED SUBJECTS. Allowed subjects:
-- Animal and anthropomorphic subjects, mechanical characters, closed species, gore, nudity;
-- Landscapes and scenery as subjects;
-- Custom character designs;
-- In consideration of pre-existing intellectual properties, only very loose inspiration will be allowed, such as palettes/themes taken from preexisting media, etc., such that the source content cannot be identified
-- Fanart of preexisting media
Disallowed subjects:-- offensive material and/or otherwise derogatory material/themes;
-- character-based characters (hereby defined as characters that take heavy inspiration from preexisting characters from any copywritten material, real-world people, personas or any characters/depictions otherwise not legally owned by you);
-- stolen characters or content, where "stolen" is defined as content actively owned by another person that you are wrongfully claiming as yours
Please inquire to somnacanth at Discord if you are uncertain as to whether or not your request is allowed or not.
E. TIME FRAMES.Commissioner payment for all premade characters, also referred to as adoptables, should be sent via PayPal within 24 hours of being accepted, unless otherwise negotiated. Virtual currency payment must also be sent immediately upon claiming the character. Such characters will only be held for up to 72 hours. Failure to meet this deadline will result in you, the commissioner, forfeiting the character sale and it will be listed for sale again. Repeated failure to pay may result in blacklisting.
For all other commissioned art, payment should be sent to the artist in full before progress begins. Real-currency payment will be invoiced via PayPal exclusively. Once received, payment will be held by the artist until the art is completed and the commissioner is satisfied with the final product.
All payments are final. No refunds will be furnished, unless circumstances arise which would render ophanimera incapable of completing the art.
The commissioner will be kept informed of progress by the artist and should expect to receive a final product within the rough timeframe agreed upon by both parties. Estimated time for completion of a single full-body piece with a painted background is approximately 2-3 weeks. Actual commission time may vary depending on the complexity and/or volume of the commission.
Exact timeline will be discussed thoroughly in advance of payment being arranged. Should extenuating circumstances arise, you will be notified of any potential delays or modifications to the timeline. The completed art may also arrive ahead of time, should circumstances permit.
You will receive the appropriate files from the artist related to your purchase by the agreed upon timeframe, unless there are emergency circumstances prohibiting internet access or otherwise causing delay. You must agree in writing, to accept the full Terms of Service as presented to you, prior to your commission being taken. This is done by submitting a complete commission request form.
F. TANGIBLE ART AND MERCHANDISINGA physical product will not be received by the commissioner for commissions accepted digitally. The commissioner may print final pieces for personal use. Additional merchandising fees may be negotiated, if the commissioner wishes to use the art as a commercial piece, such as to sell keychains of at conventions, et cetera. No merchandising fees are assessed for personal use prints or merchandise. Merchandising fees are assessed as 10% of all potential earned profit from the merchandise sales, paid upfront at time of commission. For instance, if you expect to make $200 from the sale of a print, you would owe $20 on top of the commission fees at the time of commission.
G. CLOSED SPECIESIf the character you own that I have designed is from a closed species, please follow that species' terms of use regarding the adopt in their community spaces.
You do not need to ask me for permission to transfer a character from one species to another, provided that the community's rules allow for this, although credit must always be readily visible for the original design.
H. PRIVACY POLICY:For real-currency commissions, by operating through your own PayPal account, you agree that you are at least 18 years of age as per PayPal's terms of service. Virtual currency commissions may be commissioned by any individual of any age.
All personally identifying information collected within the commission form is used purely for the invoicing and negotiation of the terms of the commission, as well as sending progress snapshots of the artwork as it is completed. Invoices of all commissions are kept for 5 years.
Your relevant personal information will not be used for marketing or newsletters, nor posted anywhere for public access. The only information collected that may be used, is the social media addresses provided for commission attribution when final art is posted to rainboxys' social media pages, if provided by you.
If you have any questions or concerns about privacy or any information presented in my Terms of Service, please contact me at somnacanth on Discord.