Nyx

Definitions

Pronouns: The pronouns "I", "Me", and "My" all refer to the artist. "You" and "Your" refer to the website visitor, and when applicable the commissioner and/or customer.

Dollars: All dollar amounts shown are in United States Dollars. Payment will only be accepted in United States Dollars unless otherwise discussed and approved beforehand.

Repost: The act of saving and uploading art created by me to another website or application.

General Terms of Use:

You may not repost any of my art without my explicit written permission. I may revoke this permission at any time for non-commissioned work.

Commissioned art may not be reposted by you at any time without the explicit permission of the commissioner.

You may not claim any of my art as your own.

You may not make any modifications to my art. This includes edits for static images (banners/icons/etc.), or animated edits.

You may not post or share any artwork created that heavily references or copies my art. You may not post or share any artwork created that traces over my art.

You may not claim ownership of any original character's imagery posted to this site.

I do not allow or partake in any blockchain-related technology. I do not allow the "minting" of my art as a non-fungible token (NFT).

Any of my works used in such a way (blockchain-related technology, NFTs, etc.) may result in my taking appropriate legal action, including demanding monetary compensation.

You agree to not use any of my works to create or participate in any blockchain-related technology. This includes commissioning other artists for work of my designs and using it in any blockchain technology.

Failure to adhere to this rule can lead to permanent blacklisting, and you will not be able to purchase/trade/own any future designs or work.

You must purchase commercial usage rights to profit from my work and/or to use my work in a commercial setting.

Examples include, but are not limited to: Banners for Twitch/Twitter/Etc.; icons for your "brand" of a mascot, your face, etc.; Custom Emotes for Twitch, Discord, etc.; using a design for commercial purposes (to be used in written works or comics posted either for direct profit or on a website you gain advertisement revenue off of).

By default, art of a Virtual Youtuber/"VTuber"/"PNGTuber"/etc. is considered commercial use, and you must acquire commercial usage rights for these works.

Personal use commissions may be available, but cannot be used in a commercial setting and/or manner, and may not be showcased on platforms with monetization available, such as Twitch, YouTube, Twitter, etc.

Commercial usage rights of my designs or individual works may be purchased on or after the date of the original transaction.

Commissions Terms of Service:

By commissioning me, you acknowledge and agree to Commissions Terms of Service, as well as General Terms of Use.

You are at least 18 years of age, and are of legal age to enter into a contract in accordance to the laws that govern you.

I reserve the right to post commissioned art to social media, my portfolio, to print and use as examples, etc. This art is typically watermarked and at a smaller size or lower resolution, but may not always be so.

If commercial usage rights are purchased, I will not post unwatermarked files.

Unless otherwise discussed, I hold all copyright to the art produced. All art sold is for personal use only. You may not claim ownership of the art. Any and all reposting of the art by the commissioner must include credit as either a direct tag on social media(s) or a link back to https://www.nyx.gay.

I do not claim ownership or copyright of the subject matter or character, unless the subject matter or character is owned by me.

I reserve the right to refuse a commission request on a case-by-case basis without the need for any specific reason being given to you.

Payment must be made in full upfront before work is started, unless otherwise discussed and agreed upon by both parties.

Delivery times can vary and are not guaranteed.

I do not offer refunds. Refunds may be requested, but may not always be possible. The amount refunded depends on how much progress has been made on the work. If no work has begun, you are eligible for a refund up to the full amount. If work on the commission has already started, I will determine a refund amount based on the amount of work completed. You do not have the ability to determine the applicable refund amount.

If you are refunded, either in part or in whole, you do not have the right to use any image you may have received as proof, update, or "work in progress".

Chargebacks are not allowed. Any form of forced chargeback initiated by you can lead to you being placed on a blacklist, which may or may not shared publicly. Blacklisted individuals may not purchase my art or character designs either directly or indirectly, either for personal or commercial use.

Adoptables Terms of Service

Definition: "Adoptables" are original character designs created by the artist and are purchased by the customer. "Species" are designs of fictional creatures or beings that share certain appearances and traits, and are typically centered around a community of users. "One-Off Designs/One-Offs" are adoptables that are original, standalone designs and do not belong to any particular Species.

You are able to resell, trade, or gift any adoptable design created by me.

Adoptables are encouraged to be resold for their original purchase price, unless accompanied by additional commissioned artwork completed by either myself or other artists. You are then allowed to resell the adoptable for the original purchase price, PLUS the total cost of commissioned artwork.

You may add the estimated cost of additional artwork of the adoptable that you have personally created.

If a One-Off adoptable has been traded to you in exchange for a non-monetary good or service, you may resell the adoptable. If the design belongs to a "species" not owned by me, the terms of service of that species must be followed. Buy and trade with caution. Many species do not allow traded or gifted designs to be resold for monetary value.

If a One-Off adoptable is gifted to you, you are allowed to resell the adoptable.

You are allowed to make design changes to the adoptable without approval. These changes include, but are not limited to: Gender presentation, hairstyle, hair color, skin tone, body type. Any changes that alter the design must not be made to the original artwork created by the artist without explicit permissions given.

I am not held liable for any changes in design that result in copyright infringement. The buyer may be held liable for any legal or financial penalties that may result in these changes.

Adoptables originally created and sold by me exclusively include the original design(s) and any accessories. I do not claim ownership of any stories or situations the designs are depicted in after the adoptable is sold. I am not held liable if the design is used in the depiction of hate speech or illegal situations.

Commercial rights are included for any one-off adoptable purchased from the artist.

I will not revoke ownership of an adoptable.