General Terms
All of these rules apply to anyone doing business with me or anyone having anything to do with my art.
- Ignorance of the terms does not make you an exception to them. If you start business with me, it is with the understanding that you have read this page and agree to abide by them. I make no exceptions to this.
- Terms may be subject to change over time, however, you will be notified if something drastic changes. At this time I have no intention of changing them.
- No one under the age of 18 is permitted to do business with me. I strictly work with adults only. No, I do NOT consent to working with anyone under the age of 18. If I discover you are underage during a commission, I will immediately cancel the order. If I discover after the commission is complete, your rights to the artwork will be revoked, your character removed, the art reworked into a YCH and sold elsewhere. You will not be refunded, as I will still take your payment as collateral for the use and waste of my time. Additionally, you will be added to a blacklist and barred from doing any further business with me. I claim no liability whatsoever if a minor is somehow able to order from me without their parent or guardian's knowledge and consent. I, the artist, am immune to any wrongdoing on my part, so I claim no fault. The caregivers, parents or guardians of the offending minor claim full responsibility for the event and agree to release the artist of any blame and/or wrongdoing.
- Be respectful to Me and the work I have done for you. Using harsh language, insulting words or attitude to express that something is wrong with the artwork is not an acceptable form of behavior. Please be respectful and professional. I'm here to be as respectful as I can towards you during business, and I expect you to do the same. Poor or immature attitudes will not be tolerated, even while asking for corrections to an artwork. You can critique and ask for corrections to anything you do not care for, however, you will remain respectful while doing this, or it may lead to your commission being canceled. Please keep in mind, I keep a copy of communications with most clients, especially if they appear aggressive in nature. If any harassment is sent my way, it IS saved and recorded for later use, if a use ever emerges. Behaving poorly with me will also place you on a blacklist. See the details of my Blacklist at the end of this category.
- No NFT use of any kind permitted.
- You may NOT replicate my art in any fashion, including in use of any AI-Generated art program of ANY kind. Whether you paid for my art or not, I do not allow the use or replication of my work in ANY fashion, which includes traditional tracing, digital tracing, or AI-copying of any format. Art made in my style will be pursued to the fullest extent of the law as legal theft and plagiarism. This applies to any kind of replication, even if AI is not used.
- No Ai training use permitted. This means you may not put any art of mine, purchased or not, into Ai in order to replicate my work or train a program to produce my style. This will be treated as theft and breach of TOS.
- Only minimal corrections will be made to an artwork after it is finished, if you have already approved the WIP's and Presketches I have sent you. If the error is simply a mistake on my behalf, I will willingly fix it without question and without cost to you. However, if it's something you did not specify on your actual commission form, it will not be considered my error, but yours for leaving out details or specifics that I would require to do the art correctly in the first place. Errors like this will not be fixed without compensation if those fixes are major. (E.G. Telling me that your character's hair is brown after sending me multiple references of them with blond or red hair, then demanding I change it after the coloring is done). If it's an easy fix, I'll usually do it for you without cost. Otherwise, I may ask for a little more money for the time to repair it.
- I reserve the right to refuse a commission for anyone, or to cancel an active commission if something arises. If I have already been paid when I cancel, you will be refunded, however, if you cancel after payment and work has begun, the money will not be refunded. This is to avoid people saying "I don't like the finished piece, give me my money back." I still did the work, so I should still get paid. It is worth noting that I have never, ever had anyone say that. I'm just paranoid.
- I will not draw a copyrighted canon character from any game, movie, literature, or other form of media for money at any time. This means I will not draw them in your commission, and I will not draw them with your character, and I will not draw them by themselves or with other canon characters. I WILL draw characters from copyrighted environments, but only if you own that character and its concept is yours. For example, I will willingly draw personal WoW characters, or other MMO characters where in your character is your own. SO long as they do not closely copy a canon character, this is acceptable to me.
- You may not re-post artwork I have done for someone else, even if you only mean it as a reference for your character, or for the outfit, weapon, etc. If the artwork is not of your character, it does not belong to you, and it WILL be treated as art theft if I find out about it, and I will take necessary measures to have the artwork taken down. Please consider that the artwork you're riffing was done for someone else, of their character, and that by taking their outfit or weapon or coloration/patterns, etc, you are effectively stealing that aspect of their character design, and that IS illegal.
- Please do not rush me. I have a life of my own, and things come up, and sometimes I do get sick. I do all my art as best I can to my ability, and as quickly as I can. Rushing me increases the risk of your art not turning out as good as it otherwise would have, or I may simply refuse to work for you.
- Payment must be made via your own paypal address. I will not accept payments from a friend or parent on your behalf.
- I will invoice you. Payments made outside of invoice format will not be accepted for safety purposes.
- If I think your commission is going to be delayed longer than expected, I will be letting you know as soon as I can. If you absolutely must have a commission before a certain date, such as in the case of birthdays and holidays, I will impose a rush fee, negotiated on a case by case basis and the size of your commission.
Personal Commission Terms
Licensing and Rights
When purchasing Personal Art, such as art for Original Characters, Artwork for in-game use (portraits, patches, avatars), reference sheets, and any other work that is intended to be used personally by you and not for a company of any kind, you have a specific and limited license and rights as to what you can do with the piece.
Ownership and Use:
Alteration:
Reposting:
As an aside, theft via Ai scraping is a digital pandemic affecting all artists, but is especially damaging to small artists. Ai is inherently damaging to artists, and there is currently no ethical employment of it that exists. Ai's current goal is to replace artists. If you appreciate my work and other artists like me, I would plead to you to avoid it at all costs and instead continue to support real, human artists.
This leads me to my point: It is not enforceable to prohibit anyone from posting their art on sites that may allow Ai to scrape and train from them, however, I would strongly implore that you take every precaution that you possibly can when posting work I have done for you to make sure it isn't being stolen for Ai training use. This means making sure the art is properly watermarked, or not posted to sites like twitter where there are no settings to protect it, and making sure NoAi Use settings are properly turned on when posting them. This can help to ensure the futures of ALL artists and preserve our styles, value, and the very essence of what makes art ART.
Delivery:
Promotions:
Refunds and Chargebacks Policy:
When purchasing Personal Art, such as art for Original Characters, Artwork for in-game use (portraits, patches, avatars), reference sheets, and any other work that is intended to be used personally by you and not for a company of any kind, you have a specific and limited license and rights as to what you can do with the piece.
Ownership and Use:
- If you resell the artwork, you may never charge more for the artwork than was originally paid for it.
- No Commercial Use. This license does not permit using the personal art I have done for you to create merchandise. Artwork I do for you may not ever be used to create merchandise you intend to sell. This includes creating prints or any physical product, adoptables, NFT's or Ai replications.
- You may not use this art on any site the passively generates you income by submitting content for others to view, use or purchase, such as Patreon, Youtube, or otherwise.
- You MAY print it on a product for yourself, personally, intending that you and you alone mean to use it, and never resell it, but that is the extent of your ability to reprint the product.
- You my not sell this artwork to anyone who intends to commercialize it, or use it for monetary gain themselves, including both individuals and companies.
- No NFT use of any kind permitted.
- No use in Ai Art Programs of any kind.
- If you would like to use your artwork commercially, please be aware I have specific TOS and Prices for commercial works. Ask me about them if this is your desire or if you are confused.
- WIPs, In-progs, and presketches do not belong to you until you have paid me for the finished piece. If you do not buy the commission, they do not belong to you. You may not take them and re-post them, or display them until I have been paid.
- When buying game content (portraits, avatars, patches, etc) you are paying for the finished product, which is the item exactly how it is meant to be used in game, which does not include WIP's, full resolution pieces, or separate work files used to make the item. Often times, this is because items are made in a format that doesn't translate it well to other platforms. If I think the full scale artwork is good enough, I may send it to you anyway.
- You do not own any previous sketches that you ultimately did not approve, did not confirm, or that were eliminated during the sketching process. This is especially true in the case of designs where corrections were made or where many variations were shown. Any sketches that were not selected for go-ahead belong to me, as I may choose to resell them as something else (of someone else's character or design) later on. These sketches will never be of your design or pertaining to your design when they are sold, and will not bear any resemblance to the finished product of your commission.
Alteration:
- You have permission to alter any design you purchase from me to better suit your tastes, or have another artist alter it for you. However, if you do, I must still be listed as the artist and/or original creator of the artwork. You, nor any other artist you may hire to edit the art for you, may claim full credit for the design nor claim to be the original creator of it. I must still be listed, but you may take credit for your edits or changes
Reposting:
- You and You only may re-post the artwork I do for you. If there is another design (or multiple designs) in the artwork that you do not own personally, the owners of those designs may also re-post the image for display, and are subject to the following conditions as well, as long as they do not gain monetary profit from posting them (as stated above).
- When you post the image, no matter where you post it, you MUST provide credits, and/or show that I am the artist of the artwork. A link to my website (this website or one of my art galleries) is acceptable but not mandatory.
- When displaying my name, you may refer to me as Trishields, or as Trish Shields.
As an aside, theft via Ai scraping is a digital pandemic affecting all artists, but is especially damaging to small artists. Ai is inherently damaging to artists, and there is currently no ethical employment of it that exists. Ai's current goal is to replace artists. If you appreciate my work and other artists like me, I would plead to you to avoid it at all costs and instead continue to support real, human artists.
This leads me to my point: It is not enforceable to prohibit anyone from posting their art on sites that may allow Ai to scrape and train from them, however, I would strongly implore that you take every precaution that you possibly can when posting work I have done for you to make sure it isn't being stolen for Ai training use. This means making sure the art is properly watermarked, or not posted to sites like twitter where there are no settings to protect it, and making sure NoAi Use settings are properly turned on when posting them. This can help to ensure the futures of ALL artists and preserve our styles, value, and the very essence of what makes art ART.
Delivery:
- All of my work is digital, which means that every product is delivered to the client electronically, usually via E-Mail or a shared communication platform that allows file transfer such as Discord. Nothing will ever actually be physically shipped to you, and you acknowledge that you understand this by accepting to do business with me.
- If you decide to commission me, and have just finished looking at the preliminary sketch, please understand, you will not receive your art until I receive payment. No exceptions, I will not allow you to pay me after I have finished the work. On larger commissions I will accept pay over time options, which will be negotiated on a case by case basis, usually with the first payment being up front or within the week of starting.
- My signature will appear in every piece. It will never be obtrusive or in the way, and it may not under any circumstances be removed by anyone or anything.
Promotions:
- Your artwork may be used by me in my personal portfolio, in personal collections to show what I am capable of.
- Your commission may be used by me in advertisements as examples of promotions of my art, such as in banners, examples, price sheets, and otherwise.
Refunds and Chargebacks Policy:
- If for some reason you are not happy with the coloring after the image is completed, corrections may be made to it as best as possible to your specifications, but no refunds will be given.
- No refunds will be given if the client fails to read existing Terms of Service and only discovers after the commission is finished that they disagree with them, and then decides they want their money back. This is because you agree to the TOS by doing business with me. It is your responsibility to read the existing Terms of Service. I cannot, and will not be held responsible if you do not read them.
- Chargebacks will be treated as theft automatically. The artwork or exchanged item will be reclaimed by me. All rights and ownership to the product that has been stolen will be forfeit by the offending party. That means, if you purchase a commission or adoptable, then charge back the invoice, I will reclaim the item, including the full art and/or adoptable or design, and you willfully, knowingly forfeit that design back to me and all work I have done related to it back to me. This is irreversible, because once you have filed a chargeback, I will also be placing you on a blacklist. By accepting to do business with me, you understand that chargebacks are a grievous offense that I will not tolerate, and you agree to legally abide by these TOS when doing business with me.
- Blacklist: Once you have been placed on my blacklist, I refuse to work for you ever again. No, my Blacklist list is NOT public. I am not in the habit of outing people for no reason. I WILL, however, tell others of my experience with that person/what offense occurred, if it is a matter of my own, their own, or another's safety and/or the safety of a community in general.
Commercial Terms
Licensing and Rights
This applies to artwork and graphics that are intended to be used on a large scale, commercially, such as Logos, Character Designs and Concepts, branding tools like brochures, business cards, CD and DVD covers, T-shirts, Mugs, and virtually any other form of printed or digitally published media intended for consumers.
- All Commercial Projects are priced on a case by case basis. What will determine your cost is the quantity, complexity, and time required to do the artwork.
- No NFT use of any kind permitted.
- No Ai use permitted. This means you may not put any art of mine, purchased or not, into Ai in order to replicate my work or train a program to produce my style. This will be treated as theft and breach of TOS.
- An official Terms of Service/Conditions sheet will be sent by E-Mail and must be digitally signed following the included instructions before any work begins on my behalf. If this is not signed, I do not work. Each sheet is tailored specifically to the project in question.
- I will not do any printing for the client myself. All of my commercial work is delivered digitally, and nothing will be physically shipped to any location.
- For commercial projects, I charge hourly, starting at $25 per hour.
- As I work from home, I use an hour-tracking program to keep a record of how many hours I have worked. Currently I can use the programs Work.exe and Cash-Clock for this. If you have any questions or concerns about these programs and whether or not they are safe and reliable to use for this type of work, I will be happy to explain them and why I use them to you, though I am open to using a different one if you/your company have/has a preference for another program.
- By doing business with me, you agree to pay me for the hours I have quoted you that I have worked, and agree not to dispute those hours.
- If you cancel a job with me after I have already begun working on the project, you agree to still pay me for the hours I have already put into the project in full.
- If I cancel a job on you, I will allow you to keep everything that I have already done for you and been paid for, but I will not refund you. If you have not paid me for part of the project that I have done at the time that I cancel, I will keep what you have not yet paid for unless you decide to pay me for it.
Terms of Service, regarding Premades and Adoptables
Licensing and Rights
When purchasing pre-made artwork, meaning character designs, weapons, armor, clothing or any other designs of any kind that are not custom, you have a specific and limited license and rights as to what you can do with the piece. These are artworks I have done myself of my own design ideas and inspirations and have then decided to sell.
Terms:
When purchasing pre-made artwork, meaning character designs, weapons, armor, clothing or any other designs of any kind that are not custom, you have a specific and limited license and rights as to what you can do with the piece. These are artworks I have done myself of my own design ideas and inspirations and have then decided to sell.
Terms:
- Designs may not be resold for monetary gain at this time. This means you cannot sell it for more than what you paid for it. If you sell it, you must sell it at the same price that it was sold it to you.
- You may sell the design for more than what it was paid for only if more artwork of the art/design accompanies it,
- You may gift and trade this design at leisure. If you trade this for in game currency or any currency that can be redeemed for cash, it must equate to the original amount (In American USD) it was sold for.
- My signature may never be removed from the design.
- You may never claim to have done the artwork yourself.
- You may edit the design as you desire once you have it, or have it edited by another artist, but even if you do, you may never claim credit for the entire artwork nor give credit to someone else.
- Redistribution is not allowed.
- You are not permitted to use the design to create new characters, designs or adopts that you intend to sell, gift, or otherwise redistribute. The design you purchase is a purchase of that design alone, not a license to create clones or derivatives of it.
- Commercial use is not permitted. You may not use it to create merchandise you intend to sell of any kind, even if it's just prints.
- No NFT use of any kind permitted.
- No Ai use permitted. This means you may not put any art of mine, purchased or not, into Ai in order to replicate my work or train a program to produce my style.
Furcadia Patch Terms
Licensing and Rights
When purchasing Pay to Use Furcadia Patches, you have a specific and limited license and rights as to what you can do with the piece.
TERMS OF SERVICE
The patch readme file MUST BE INCLUDED in the patch files of any dreams it is used in, so that buyers/users are aware of these terms.
No Redistribution. You are not permitted to trade or gift these patches in any format.
Redistribution is not permitted and the patch cannot be re-sold by anyone besides myself, even if edited.
The patch may not be uploaded to any website for any purpose or reason, especially anywhere where files can be downloaded.
If you have purchased a dream using these patches, you may use these patches for personal use only, and only on the dream you purchased them with, and not commercially (you may not sell the dream it came with without first purchasing the commercial license from me).
This means that if you bought a dream using this patch, you are not permitted to give it to other persons who have not paid for it, friends, co-owners or otherwise.
If you wish to use these patches commercially, you must pay me the full cost of the patches to do so.
Once you have purchased these patches, you may use them in any dreams you intend to make including dreams you intend to sell.
If you make dreams with these patches, make sure encryption is ON in the dream. This can be found in dream settings on the main editor. Otherwise, someone can steal the patches you spent hard earned money on.
Credit:
Other Applications:
These terms may be modified or updated if things come up.
When purchasing Pay to Use Furcadia Patches, you have a specific and limited license and rights as to what you can do with the piece.
- By breaking these Terms and Conditions, you give me, the artist, full permission to reuse the artwork I did for you in any future patches or projects of my own. This includes selling them to the public if I so desire.
TERMS OF SERVICE
The patch readme file MUST BE INCLUDED in the patch files of any dreams it is used in, so that buyers/users are aware of these terms.
No Redistribution. You are not permitted to trade or gift these patches in any format.
Redistribution is not permitted and the patch cannot be re-sold by anyone besides myself, even if edited.
The patch may not be uploaded to any website for any purpose or reason, especially anywhere where files can be downloaded.
If you have purchased a dream using these patches, you may use these patches for personal use only, and only on the dream you purchased them with, and not commercially (you may not sell the dream it came with without first purchasing the commercial license from me).
This means that if you bought a dream using this patch, you are not permitted to give it to other persons who have not paid for it, friends, co-owners or otherwise.
If you wish to use these patches commercially, you must pay me the full cost of the patches to do so.
Once you have purchased these patches, you may use them in any dreams you intend to make including dreams you intend to sell.
If you make dreams with these patches, make sure encryption is ON in the dream. This can be found in dream settings on the main editor. Otherwise, someone can steal the patches you spent hard earned money on.
Credit:
- You are not required to credit me (via emote or otherwise) in your dreams, but I would really, really appreciate it if you did. This gives me more business. If your dream has a credits readme, list me there. If people ask who did them, tell them honestly that I did.
- You may not take credit for having done the patches yourself under any circumstance, even if you have modified or recolored them. You may claim credit for the edits, but not the whole thing.
Other Applications:
- You may not use these patches in other isometric games or projects of any type that are not Furcadia in any form or fashion.
- You may not use these in any commercial project- such as dreams you intend to sell.
These terms may be modified or updated if things come up.