Terms Of Service

All purchases of art and/or concepts by zhenmiao are subject to these terms.

Breaking any terms here may result in being blacklisted or other actions.

By going through with a purchase, you are agreeing to the terms listed.

Section 1. Payment

All prices are in USD and to be paid with USD.
Unless otherwise stated, payment is to be done via PayPal.
- The PayPal account must be owned by the commissioner or have verifiable proof of permission to use said account.
I will not accept monetary payment from minors.
Full or partial refunds are not given once work has started.
- Make sure you are able to safely pay before seeking work from me.
- Exception for partial refund may be made in extraordinary circumstances which must be discussed and I reserve the right to still deny any form of refund.
Charge-backs will be contested and will result in a public warning and blacklist.
Payment plans may be offered for anything over $100 and must be discussed prior to payment.
- I reserve the right to refuse any payment plan.
- If you do not complete the payment plan as scheduled, no refunds will be given for what was paid and no work will be delivered.
If you change your order after an invoice is sent, a penalty fee will be applied.
Deadlines cost an additional fee regardless of how far out it is.
It is up to me if there are any exceptions to what is listed above. Exceptions are given sparingly and do not expect me to consider you an exception.

Section 2. Art and Illustrations

I will not draw content promoting religions, political ideology, or bigotry.
- Religious imagery is okay if it does not promote joining the religion.
I will not draw infants or adolescents.
Fetish work must be discussed with some method of age verification.
I will not completely redo a concept once it has moved past the initial sketch stage.
- Three total redoes of the sketch stage will be given before a fee is imposed. Make sure you describe what you want thoroughly or be okay with the reality of interpretation.
- Refunds will not be given.
- No exceptions are given for Closed Species in this section.
By default, my work has no permission for commercial usage.
- Commercial usage must be discussed and have specific arrangements covered in Section 6 of these terms.
Modifications of any of my work is not allowed without explicit permission.
I reserve the right to use any work I produce for self promotion, art examples, portfolio entries, or other reasons unless otherwise discussed.

Section 3. Original Concepts and Custom Concepts

Original concepts, or adopts, remain my full intellectual property.
Custom concepts, or customs, remain my full or partial intellectual property.
The adopter has digital and physical ownership of adopts or customs until that is relinquished to another.
- I do not reserve the right to revoke an adopt or custom once it has been completed.
- The prior owner likewise cannot revoke ownership once it has been transferred.
I will not completely redo a concept once it has moved past the initial sketch stage.
- Three total redoes of the sketch stage will be given before a fee is imposed. Make sure you describe what you want thoroughly or be okay with the reality of interpretation.
- Refunds will not be given.
- Customs for Closed Species will also follow this. Make sure the CS owner or mods approve the sketch.
  - A total redo will be allowed past the sketch phase but it will cost a significant fee.
Adopts or customs cannot be resold for higher than their original monetary value with the exception of when they have pieces commissioned with money added to their gallery.
- Their price cannot be adjusted for economic reasons.
- Their price cannot be adjusted for personal art with the exception of when they have been appraised.
  - I reserve the right to refuse to appraise the value of art and therefore refuse the validity of price adjustment for it.
By default, every adopt or custom has no permission for commercial usage.
- Commercial usage must be discussed and have specific arrangements covered in Section 6 of these terms.
Modifications of any of my work is not allowed without explicit permission.
I reserve the right to use any work I produce for self promotion, art examples, portfolio entries, or other reasons unless otherwise discussed.

Section 4. Communication

A commission will not be started unless communication has been established.
If the commissioner fails to communicate adequately, a commission may be canceled with no refund.
- Warnings and notifications will be given prior.
If the commissioner puts a pause on a commission greater than a month, a commission may be canceled with no refund.
- Warnings and notifications will be given prior.
- PW: cat orb
I reserve the right to take the time I need to complete a piece without communicating the span of time till completion.
- An exception is made for those who have requested and accommodated for a specific deadline.
I reserve the right to refuse to work for you without an explanation for why.
To purchase any kind of NSFW content (including gore), I must be able to have some confirmation of age or be personally familiar with you.

Section 5. Credit Allocation and Reproduction Rights

My work is, by default, intended for personal use only.
Do not remove my signature from my work and only post watermarked versions publicly.
Credit me anywhere something produced by me is posted.
Do not post my work on deviantArt, instagram, pixiv or other similar image hosting site without my explicit permission.
- Fanworks are allowed to be posted on sites like reddit, twitter, etc as long as direct credit is given.
Posting my work on character hosting sites such as toyhou.se is allowed if you have the digital and physical ownership of the piece.
- The work must watermarked appropriately.

Section 6. Commercial Usage

Commercial usage is defined as using art, concepts, or other work by me to profit via merchandise, advertisement, mascot, species, etc.
- This includes using it as a public persona for YouTube, Twitch, and other sites.
- This includes using it for a v-tuber avatar.
Commercial rights are not given by default and must be discussed with me personally to obtain.
Commercial rights for merchandise requires a percentage of sales to be allocated to me.
Commercial rights for advertisement will typically be a one-time fee and depend on the type of advertisement.
Commercial rights for a mascot such as a public persona or avatar requires the following:
- I am given exclusive or semi-exclusive rights to producing merchandise content for a discussed amount of time with a minimum of a year.
- A fee must be given.
Commercial rights for a species regardless of closure status (i.e. closed species, open species, or in-between) requires the following:
- I am given the rights to producing paid content such as adopts or customs permanently.
- I am given the right to create personal content within the species without restriction.
- A fee must be given.
I will not make prints or other sales based on commissioned pieces or customs unless we have arranged for that to happen.

Section 7. Blacklist

Those on my blacklist are not allowed to obtain art, customs, adopts, or other works I have made from me or others.
- If they were obtained prior to being blacklisted, they can retain ownership but cannot regain ownership once it has left their possession.
- Those who supply them with my work may be added to the blacklist.
I am not obligated to give notification or reason why someone has been added to my blacklist.
- Continued attempts to ask me for why someone has been added will be counted as harassment.
Harassment of those on my blacklist may lead to being added to the blacklist.

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