This document can and will be edited at any time without the need of further notice.
TOS for Bepotelkh designs can be found here.
TOS for other closed species designs by Herboreal- see individual species site TOS.
Commission & Custom Design TOS
By commissioning Herboreal, I agree that:
Herboreal will not draw:
Herboreal will not serve:
NFT and AI Policy:
Refunds:
Non-Closed-Species Premade Design TOS
Blacklist
My designs should never be resold or traded to the following:
Seacrest-Star/seacrest and EmmyArts/Ellusively/actuallyabear (reusing my designs with their own names as the credit; violating my TOS)
Designs by Herboreal that do not belong to a closed species are to follow these rules:
TOS for Bepotelkh designs can be found here.
TOS for other closed species designs by Herboreal- see individual species site TOS.
Commission & Custom Design TOS
By commissioning Herboreal, I agree that:
- -I am giving Herboreal permission to draw my character(s) for the purpose of this commission(s).
- -I am giving artistic license to Herboreal, which includes changing the colors & style of my character(s) and otherwise being creative. If I want my character to look exactly the same as my ref and for all the colors to be eyedropped, I will tell Herboreal ahead of time (rather than AFTER the commission is finished).
- -I understand that Herboreal may decline my commission request if she feels she can't do justice to the character/species or just isn't comfortable drawing them. (Generally, feral or anthro animals are acceptable; humans or humanoids on a case-by-case basis)
- -Herboreal has permission to post this artwork on any website in order to promote their work. If not, I will tell Herboreal ahead of time.
- -If I ask for a "surprise" custom, I agree I will accept whatever Herboreal designs without chances for feedback/changes.
- -Herboreal has a reasonable amount of time to complete the commission. If I have an important deadline/event I need the artwork for, I will let Herboreal know ahead of time. (Commissions are usually finished within one week unless otherwise stated up front. Client will be notified of any major delays.)
- -I will respond as quickly as possible to requests for feedback on commissions. Herboreal is chronically ill and sometimes cannot work for days to weeks at a time- therefore time and energy is very precious. If she has the energy to work, please respond as quickly as you are able so she can finish your commission before she can't (please do not worry if you're at work or sleeping- but if you see an update and have time, please respond). Commissions are finished as quickly as possible but fatigue causes unpredictable delays so your prompt cooperation is appreciated.
- -If I have multiple correction requests once the commission is past the sketch stage, I understand that I may be charged an additional fee for Herboreals time ($30 per half-hour, including time spent talking about edits). I will therefore make every effort to ask for corrections at the sketch stage. If I have a clear idea of what I want to begin with, I will provide all of these details up front so herboreal does not waste time doing multiple corrections/guessing at what I want. I fully understand that herboreal has the right to decline to finish a commission and provide a partial refund if corrections become too burdensome*
(*Side note: I very much want clients to get art/designs they are happy with. I am generally happy to make adjustments and corrections and much prefer you ask for them rather than accept something you don't like! I also have to protect my time and energy, so if I find I am going back and forth with you endlessly because you want me to guess the exact design that's in your mind, that's when I need to be charging more for my time and energy. Please provide me with a sketch/diagram of what you want if you want something very specific and the invocation of the additional fees will likely be avoided. I'm generally very chill about edits, but have to have boundaries too!)
Herboreal will not draw:
- Porn
- Gore (bones are okay)
- Fetish art
- Nazi paraphernalia or other bigoted garbage or anything that resembles it
- Racial stereotypes (including appropriative imagery)
Herboreal will not serve:
- -Known white supremacists, bigots of any kind, etc.
- -Minors who do not have their own paypal accounts. Payment will not be accepted from joint paypal accounts. Please be honest and do not use a parents account to commission me.
NFT and AI Policy:
- Clients are not permitted, under any circumstances, to use any part of their commissioned artwork for non fungible tokens. Use of the artwork for any advertising or profits associated with non fungible tokens or cryptocurrency is strictly prohibited.
- I do not authorize the use of my art for training AI or use in any AI programs or applications. If I find out you have used my work for this, you will be blacklisted.
Refunds:
- Refunds are offered if artwork is not completed within a month
- There are no refunds once artwork is complete
- Partial refunds are offered if you decide to cancel a commission partway through, depending on the amount of time already spent on the commission
- If you file a chargeback, you will be blacklist and you agree to be the subject of a public warning so others know not to do business with you
Non-Closed-Species Premade Design TOS
Blacklist
My designs should never be resold or traded to the following:
Seacrest-Star/seacrest and EmmyArts/Ellusively/actuallyabear (reusing my designs with their own names as the credit; violating my TOS)
Designs by Herboreal that do not belong to a closed species are to follow these rules:
- Do not alter the original artwork in any way.
- The design cannot be used for any commercial purposes or projects such as making prints or other merchandise, making stories/games/other media. This includes different iterations of the same design (example: you turn a wolf design into a tiger or a closed species of some sort. You still could not sell the derivative character on/as merchandise.) This also includes written works with the intention of publishing said written works for financial gain of any kind. You may inquire about licensing if you wish to use my work for commercial purposes.
- Can be resold for the same amount or less than what was paid (if you don't know the exact amount, you can ask or make a ballpark guess- it's not a huge deal)
- Can be turned into other species designs, including closed species. However, you cannot continue to add forms to the design for the purpose of reselling for a higher price.
- The design and art must be credited to me wherever it is posted, including derivative designs
- Herboreal retains copyright of the design, including the right to use said design for self-promotion/advertisement, portfolio, etc.