MidnightMistx

(Main SFW handle: SunnySunburstx)

Terms of Service

Here you will find my Terms of Service, which include all the information and rules you need to know about. This is important to read in order to commission me!

These terms of service cover commission work for individual clients, of which the resulting art piece is intended for personal use. For projects of multiple (above 2-3) artworks intended for personal use commissioned at once or for artworks intended for commercial use, a separate contract should be agreed upon.

1. Communication

1.1 - All written communication whether through direct messaging platforms or email will be archived for future reference and legal purposes. My preferred method of communication is through email at midnightmistx-art@yahoo.com .

1.2 - If you have ANY issues at any point of the commission process, PLEASE communicate these issues with me so I can provide the best service possible. I appreciate constructive feedback. Your satisfaction is important to me!

1.3 - No harassment, discrimination, insult or sexual advances towards me will be tolerated. I reserve the right to cut contact with you if any inappropriate or disrespectful behaviors are displayed towards me at any point, and this without refund. In case of inappropriate behavior, you will be blacklisted.

2. Client Information

2.1 - You will have to provide the following information and documents to proceed with the commission:

• Personal information:

• Email address
• Social media username
• Shipping address (in the case of traditional commissions)
• Budget for the commission (if any)

• Commission information:

• Commission type
• Character reference or images (solely written descriptions will NOT be accepted)
• Description of the desired posing, character's personality, mood and background
• Any other additional information

• I might ask for: Proof of consent and contact information of the owners of the characters that you do not own (Proof can be a screenshot or direct message to me from the concerned character owners.) Exceptions can be made in case of the artwork being meant as a gift - in which case, I might ask for proof that you are acquainted with this person.

• I might ask for: Proof of ownership for characters that were designed by other artists. This may be a link to the original post by the original artist tagging you as the owner or screenshot of communication with the original artist confirming your ownership of the character.

2.2 - You will have to provide the personal information needed to proceed with the commission. This information will ONLY be used in order to provide my art services, except for your username to tag you (with consent) if I choose to post the resulting commission on social media.

3. Acceptance or Refusal of Service

3.1 - You must accept and conform to all of my terms of service in order for me to accept to provide my services.

3.2 - I reserve the right to refuse service without providing reason, whether the commission request perfectly meets the criteria as described on this page or not.

3.3 - I will NOT provide service to a client below 18 years of age.

3.4 - I will accept to draw these characters:

• Animals
• Humans / humanoid
• Anthro / furry
• Fantasy creatures
• Organic creatures
• Simple characters
• Fan characters
• Fat characters (with mobility / their weight is not the reason for disability)
• Disabled and neurodivergent characters with accommodation tools

*** Please note I may be more or less familiar with certain species such as horses, birds, and reptiles. I will make sure to specify to you if I'm willing to take the commission, but am less familiar with the character species.

3.5 - I will accept to draw these themes:

• LGBTQ+
• Mild violence, blood or gore
• Scars, mild wounds
• Romance between characters, kissing, hugs, hand holding, etc
• (18+) Smoking and drinking, safe recreational or healthcare drug use
• (18+) Suggestive posing and sensual physical touch
• (18+) Characters making out / having sex, non-kink sexual acts
• (18+) Naked characters
• (18+) Pregnancy, weight gain, inflation
• (18+) Other fetish or kink themes, to my discretion

3.6 - I will NOT accept to draw these characters:

• Robots or characters made of mostly mechanical parts
• Characters from media that you do not own (movies, TV series, book series, etc. This does not include fan characters)
• Characters owned by other people without providing proof of consent from the owners if I ask for it
• For traditional art: Complex/detailed designs

3.7 - I will NOT accept to draw these themes:

• Extreme violence and gore
• Addiction in a positive light / unsafe drug use
• Scenes condoning bigotry or violence towards a marginalized group
• Pro-right wing political themes or symbols
• Guns or military
• Vore, scat, diaper / child age play
• Certain fetish or kink themes, to my discretion

4. Pricing

4.1 - Pricing will be determined once the information relating to the commission is provided. If your budget is lower than my pricing, I may suggest another type of artwork and pricing that fits more into your budget.

4.2 - Pricing is calculated based on the estimated hours a commission will take in total in both artistic and administrative work aspects, at a fair rate compensating for my time and experience.

4.3 - All prices are indicated in USD.

5. Payment

5.1 - For works under 200$USD, payment will be made upfront. The commission will not be started until the full payment is received.

5.2 - For works above 200$USD, 50-75% of payment needs to be made in order to start the commission. The rest of the payment will be needed in order to continue past the lineart (or clean sketch, in the case of a lineless painting) stage.

5.3 - Payment will be made through an invoice sent to the client using Paypal.

6. Revisions

6.1 - Follow up will be made throughout the creation process at different stages in order to ensure your satisfaction with the piece.

6.2 - For revisions during the creation process, changes will be accepted so long as they’re reasonable considering the current progress of the piece. Changes that would modify the entire nature of the piece, such as character posing, will not be accepted once the sketch has been approved.

6.2 - You are allowed to request minor fixes for character design mistakes upon confirming reception of the piece. Any request for fixes that change a big portion or the nature of the artwork, or requests after 72 hours of confirmation of reception of the piece, however, will be declined.

6.3 - Please keep in mind that I also reserve the right to make minor changes to character designs as I work in order to have them better suit my art style and coloring choices. Often these decisions are made in the optics of improving the piece and are not extremely noticeable. If I feel that bigger changes to the character design would improve the piece, I will communicate with you prior.

7. Completion Time

7.1 - Commissions can take up to 3 months to be completed after full payment is received. Simpler commissions will likely be completed faster than more complex ones. Written progress updates may be asked for every 3 weeks.

7.2 - You need to keep in mind illustration is not my full time job at the moment and I have other responsibilities to attend to in my day-to-day life, which is why it may take a few months to complete the commissioned piece.

7.3 - Though 3 months is the estimated timeline set in my terms, I reserve the right to make exceptions in extreme cases that make it so I could take 2-3 weeks longer after 3 months to complete a commission, only if it's already advanced past the flat coloring stage at the 3 months mark. Otherwise, a partial or full refund may be issued. In the case of partial refund, any work that's been done, including progress on the commissioned piece and exploratory sketches, will be given to you.

7.4 - Accelerated completion: If you need a commissioned work completed by a specific deadline before 3 months, please inform me and additional fees may be charged depending on the deadline as I will have to prioritize your commission over others, and perhaps work extra time than I would regularly.

7.5 - Animation commissions, if offered, are exempt from the 3 months deadline and accelerated completion option. Animation is incredibly time consuming and may take several months depending on the type of project.

7.6 - As the artist, I take the engagement to complete the commission within the most reasonable timeframe that I can manage.

7.7 - As the artist, I take the engagement to be as transparent as possible about my working availability and on the progress of the commissioned artworks. I may provide a public schedule of progress status on ongoing commissions.

8. Cancellation and Refund

8.1 - Cancellation and a full refund may be requested up until you receive written communication that the commission is started. Once it is confirmed the commissioned work was started, cancellation or refunds CANNOT be requested.

8.2 - Refunds cannot be requested at any point after the commission was started or once the commissioned piece is finished, even if you are dissatisfied with the service or resulting piece.

8.3 - As the artist, I may issue a cancellation and partial or full refund if I find myself unable to complete the work for unspecified reasons.

8.4 - Partial refunds will depend on the progress stage of the piece at the time of cancellation, with an additional 15% refunded to compensate for my inability to complete the work. With a partial refund, you will also receive any work that's been done on the piece, including exploratory sketches.

9. Copyright

9.1 - As the artist, I retain all rights to the resulting art piece, as such I can use it to promote my work however I'd like, in either uploading the art piece itself on social media, using it as a portfolio piece, using it as decorative artwork on my websites and accounts, as commission example, or uploading progress videos like speedpaints.

9.2 - As I do not own the depicted characters, I, the artist, may not use the finished artwork for commercial purposes as I realize original characters are unique to their owners and profiting off art of these characters is unethical.

9.3 - As the client and character owner, you get specific rights to the piece. You may:

• Reupload the piece to social media with proper credit to me as the artist
• Use the commissioned piece as a profile picture, banner, or decorative image on your website, online accounts, all with proper credit
• Use the piece as character reference image for future commissions with other artists, on ToyHouse, Art Fight, or any other website hosting your characters' information, with proper credit
• Use the piece as character image for roleplaying games and whatnot involving your character, with proper credit
• Print out the work for PERSONAL use and exposition such as for viewing in your home, school or work locker, office, or to only show the artwork to other people
• Request or give your consent to be tagged on the social media posts which center the commissioned piece, if it's possible for me to tag you on them or link back to your accounts.
• Resell the piece only if you choose to sell the character.

9.4 - You may NOT:

• Use the commissioned piece for commercial use such as selling prints, stickers, products with the artwork on them, etc.
• Use the commissioned piece to feed AI databases or prompt AI to create more images based on the commissioned artwork.
• Use the artwork for any of the listed above online uses without proper credit linking the work back to me.

By commissioning me, you agree to these terms.

The terms listed on this page are subject to change over time.

Last updated: 10-22-2024