ScarletSnowbird

Digital artist and fantasy storyteller.


COMMISSIONS: WAITLIST OPEN


Hello there! My name is Max and I'm a digital artist living on the East Coast of the United States! I'm 24, have a bachelor's degree in creative writing, and enjoy working with animals!If you'd like to contact me about commissions or my waitlist, the best way to reach me is Discord! My username there is snowbird#6666.Or, contact my business email at [email protected].The platforms linked below are also acceptable, but Discord or email will guarantee the fastest response!




Terms of Service


Last Updated: 03/21/2023


Please note: I reserve the right to refuse any customer or commission, for any reason, at my own discretion, with or without explanation.



Payment

  • You must be at least 18 years of age to commission me.

  • I accept payment only in USD via PayPal invoice. Once we settle on your commission and total, I will send you an invoice requesting the money. Your email will be required for this.

  • (Exceptions may be made for people I know personally and regular customers; you'll know who you are.)

  • It is your responsibility to handle the conversion to USD if it is not your primary currency.

  • I do not offer refunds except for on my own volition. Sorry.

  • I will not begin work on your commission until I have been paid in full (exceptions may apply for customs, in which payment will proceed after concept sketches are agreed on). I do not do partial payments or payment plans for artwork unless I know you personally or you are a regular customer.

  • If you open a dispute to try to get your money back and scam me you will be blacklisted and legal action may be taken.

  • Any chargebacks or attempts to force a refund will result in rights to the artwork or design being revoked. This means that I will repurpose any artwork and custom designs to make back any lost funds (such as by turning them into YCHs or putting designs up for public sale. This does not mean I will profit off of a character you already own; any likeness will be removed).


General

  • Under no circumstances may my work be turned into NFTs or contributed to AI technology, even if it's a piece you commissioned yourself.

  • I reserve the rights to your artwork and can use it for advertising and personal promotion purposes. I will never use it for future monetary gain (including but not limited to selling prints), nor will I ever claim your characters or personal property as my own.

  • However, if you would like me to refrain from posting it publicly, or if you would like to remain anonymous when I do post it, please let me know ahead of time (this also pertains to gifts for other people).Though unlikely, I reserve the right to refuse or refund a commission for any reason, with or without explanation.

  • I cannot promise deadlines. You can request one, but there's no guarantee it will be done by then. If you absolutely need a piece by a deadline (such as birthday or holiday gifts), I can expedite the order for an additional fee if I feel confident I can complete the work by the deadline.

  • I will send you WIPs of your piece as I go. I will always send you the initial sketch to get the positioning down, the refined sketch (if applicable), and the flat coloured version. I will make adjustments as necessary, but do not abuse this.

  • For example, once the piece is lined, I will not make major changes to the pose or expression since these are things that can be confirmed in the sketch phase. Major changes to the finished/mostly finished product will incur additional fees and I reserve the right to refuse doing them.

  • I am willing to do several different initial sketches if you're not completely sure on the pose you want or would like to see variations on a certain pose. However, I reserve the right to any rejected sketches that don't look remarkably similar to the final piece and may use them for personal use or future YCHs.

  • If you would like to keep the sketches for yourself, or have me save them for a later commission, you MUST inform me of this.

  • Asking for updates is okay, but please understand I work retail management full time and may take longer than expected to complete your art or provide updates. I will do my best to keep you updated on my own, but if you don't hear from me for a while, I don't mind if you check in.

  • Keep in mind that more complex and intricate designs MAY raise the price of a commission. Wings automatically raise the price.

  • Once you receive your artwork, it belongs to you, and you are allowed to use it for personal and non-commercial use. This includes re-uploading it to other places, such as for icons or toyhou.se profiles, but you MUST credit me as the artist when able. You can ask what the best way to credit me is. (If posting to toyhou.se, please credit me there; my username is snowbird).

  • You are not permitted to claim the artwork as your own.

  • Please ask about using artwork commercially. If I agree, we will discuss commercial fees.

  • If you have any questions, feel free to send me a note or contact me on Discord (snowbird#6666).

  • Discord is also the easiest way to contact me for the fastest updates, so if you have one, it's preferable to work through that over any other platform.


Custom Designs and Adoptables

  • Once the design is completed or the adopt has been paid for, it belongs to you.

  • You are allowed to make minor tweaks and edits to the file, though I prefer you don't change it to the point where it's unrecognizable, and my signature may never be removed. You are allowed to change the species or add additional forms. Designs can be used for commercial use (such as comics you plan to publish or for merchandise), but I MUST be informed of this ahead of time.

  • I retain the right to any rejected sketches or concepts, meaning I can repurpose them in the future for personal use or to resell, as long as they don't bear a significant resemblance to the finished product. You may ask to keep any discarded concepts or sketches, but this may incur an additional fee.

  • You must credit me for the creation of the design. You can link back to my dA, Instagram, or credit me on toyhou.se. If it is being posted to toyhou.se, I would prefer you credit me on there (my username is snowbird).

  • You may not resell the design for more than it was purchased for unless it comes with additional art. In this case, you may add the cost of that art to the price the design was originally purchased for. You may trade the design for artwork or other designs.

  • Designs you received in a trade may NOT be resold unless you paid for commissioned artwork of that character. In this case, you may only resell them for the value of the commissioned artwork.

  • If it's your preference, you MAY add personal artwork to the value of the character, but please use your own realistic discretion and please don't do this just to "flip" the design.

  • You are not allowed to make my designs into open or closed species without my EXPLICIT permission. This pertains to any plans of replicating certain aspects of the design unique to the character and profiting off of them. If this is something you intend to do or would like to do, please contact me about it first and we can discuss it.

  • Of course, the exception to this rule would be if I designed the species' appearance for you, or if I designed a character belonging to an already-existing species that you have created.

  • Please do not depict my designs in NSFW artwork. This goes for both anthro and feral forms. The only exception to this is if you give the character a human form and depict that form in NSFW art. I do not wish my animal designs to be associated with lewd artwork.

  • FOR CUSTOMS: I can guarantee a higher quality character if you tell me what sort of design you are looking for or if you give me ideas for inspiration (such as moodboards, songs, or colour palettes). If you're unsure on specifics, I can do up a few rough concept sketches and we can agree on payment after that.


Blockchain & AI Policy

  • This deserves its own special section in my TOS because it's something that I'm passionate about and absolutely do not support.

  • I do not create, endorse, or participate in any blockchain-related technology - including but not limited to NFTs and cryptocurrency, as well as any future incarnations - and my work may not be used in this manner in any way, shape or form.

  • My designs - whether adopts, customs, or purchased secondhand - may also not be used in blockchain technology, and this includes commissioning other artists to create artwork to be used in blockchain technology. Nothing that I create may be associated with blockchain technology and related products in any way.

  • I do not consent to my work being used to train AI technology, including but not limited to: MidJourney, DreamUp, Stable Diffusion, StableAI, and any future iterations. It does not matter if you commisisoned the work; with the current unethical state of AI-art technology, I do not wish to be associated with it.

  • The previous rule also applies to using concept art/sketches to generate a finished/fully rendered piece with AI technology.

  • Violations of this rule will result in permanent blacklisting, as well potential legal action.