Terms of Service

MARYJEN’S TERMS OF SERVICE

This ToS is subject to change, last update was on 21 June 2021

Please be aware that all my artwork and designs are protected by copyright laws, specifically Greek copyright laws/Πνευματικά δικαιώματα and by agreeing to own my designs or artwork, you agree to Greek copyright law, in accordance to law 2121/93. More information can be found here: Copyright Law in Greece.

Last reviewed on: 7th November 2021

Please note:
This page is a binding contract that you agree to the moment you (henceforth referred to as "the commissioner" or "the client") commission me (henceforth referred to as "the artist", "the designer", "MaryJen", or "Mary-Jen") or obtain any of my designs regardless of their creation date. My ToS is always in power and so is my Blacklist. If you do not agree to my ToS, let go of any designs by me immediately, breaking my ToS will only result in various consequences that will be mentioned in this page.

I, the artist, hold every right to:

Deny any commission request without providing reason.
Blacklist someone or remove them from my blacklist without explanation or notification.
Close my commissions anytime without providing reason.
Edit and add new content for my ToS anytime.

COMMISSION ToS

ORDERING

Please write in a clear and nice manner.
Provide neat references.
Any ill behavior will not be tolerated and your commission will be canceled if it occurs.
Follow the rules provided in the commission journal, YCH or Adoptable deviation.
If you fail to follow the rules provided I have the right to decline your commission.
I have the right to ask for extra money in case of complex designs/poses/accessories.

PAYMENT

All commissions must all be paid in full upfront.
All commissions will be paid either through PayPal or DeviantArt
NEVER use paying as family and friends in PayPal.
When paying, do NOT use address as I will not be shipping anything to you.
The currency accepted is DeviantArt points and EUR/USD.
The points shall be paid either by the Gift or Commission buttons, per my, the artist’s request.

PROCESS

Work In Progress will only be given if the commissioner personally ask for it.
WIPs might be given as well if I the artist, wonder something about the commission.
Minor edits and fixes are allowed without charge.
Larger and more complicated edits will have a fee.
The time for your commission to be completed can be up to 3 months depending on many factors such as;
Health, order of commission, complexity, Work, school or family issues.

If any of the things stated above occurs you will be notified asap.

ARTWORK COPYRIGHT / USAGE POLICY

I, the artist, hold every right to the produced drawing, not the commissioner.
Therefore I´m allowed to use the copyrighted artwork to;

Promote myself with it, in any place or site.
To display it anywhere to my liking.
Post it wherever and whenever I want.

The commissioners are allowed to;

Use the copyrighted artwork for personal use only unless agreed otherwise.
Print the art, and claim the right of their character(s) but not the drawing itself.
Use the art to promote themselves with proper credit given to the artist.
If you break the copyright infringement in any way, every right you had to the drawing will be retracted.
Save their commission/s. I will not be held responsible if you lose your commission.

The following is considered Copyright infringement:

Reproducing/using the copyrighted artwork commercially. (Meaning making money of it in any way)
Use my artwork as references for your own, whether tracing or re-purposing parts of the image.
Taking Credit for the creation of the artwork.
Removing any watermarks/signatures.
Altering the artwork without my, the artist´s, consent.

CREDITING

When using my artwork, you have to ALWAYS credit me, the artist, CORRECTLY, either by my ToyHouse (MaryJen), Instagram (maryjen__) or Deviantart usernames (Mary-Jen).

CANCELING/REFUNDING POLICY

I have the right to cancel and refund the money for your commission at any time.
You have the right to claim a refund under the following circumstances:
1. In any of the following stages, with their respective refund: Sketch - 70%, Lineart - 40%, Color - None
2. After 3 months of me not completing the artwork, unless you, the client, and I, the artist, come upon a new deadline agreement. (100% Refund)
If money has not been sent yet the commissioner has the right to cancel the commission.

If you request a charge-back without my consent, you'll have none of the aforementioned rights over the commission and I'll have the right to re-utilize and profit in any way from it.

If you break my ToS in any way, I hold the rights to:

Blacklist you. This will prevent you from owning any of my designs and you will not be allowed to commission me again.
Publish your name everywhere to let other artists/clients know.

CHARACTER AND DESIGN ToS

DESIGN ToS

Offspring/Family members can look similar, but do not attempt to copy the entire design (revocation of character is the result of this offense).
You can do small edits to the design.
Credit me for the design when using the design's specific picture and the artist for the lines (if any).
You may change any anatomical details (ex. Long fur to short, long face to flat), so long the base design of the character remains intact.
I maintain rights to the artwork and intellectual property. Because designs and their respective artwork are not a tangible item/service, what is being purchased is the license to use the design itself. I still hold rights to the creative integrity of the product.

TOYHOUSE ToS

You may not delete the character from ToyHouse (or delete then re-upload).
Do not sell/trade/gift etc a character design to someone who doesn't have ToyHouse, the character has to remain on ToyHouse no matter what, so I can track down it's whereabouts.
Do not hide the character from me on Toyhouse, if you want to hide a character from me, message me about it, and know that when it's time for you to sell that design, you will have to come to me first so I make sure the OC is passed on in accordance to my ToS.

RE-SELLING ToS

Do not sell my designs more than you bought for, unless it has extra art (personal attachment to the character does NOT increase it's value).
Do not sell my designs if they've been gifted, traded or swap to you. They must ONLY be gifted, traded or swapped again.
You may NOT sell to anyone in my blacklist, if a person from the blacklist owns any of my designs, I will immediately revoke the character, with no refund, so long they got it after they were added in my list.
If a character is sold to person A while person B is not in my blacklist, and then some time after person B is added to my blacklist, person A can not sell my design to them, as my Blacklist and ToS are always in power and do not depend on when the character was bought or designed.
You are responsible for the new buyer to see and agree to this ToS.
You are responsible to keep up with my ToS and Blacklist when owning one of my designs.
You may add ToS along with mine, in a way that yours doesn't contradict mine.
Do not add the "can only go back to me" rule on my designs, you may ask for first dibs, but if you don't have the funds to buy an OC, do not expect or force the seller to sell them to you.
You may not dictate or implement your own personal blacklist on my designs. Once you no longer own the character. The current owner of the design is allowed to sell/trade/gift/swap to whoever they want (unless you asked for first dibs), as long as they aren't on my blacklist.

Failing to follow the rules under CHARACTER AND DESIGN ToS will result in consequences, ranging from warnings, strikes, blacklisting and public bewaring, to revocation of the character with no refund.

Any statement can be bound to change if discussed with me, the artist, prior to the commission.
The template for this ToS is originally by Yamio on DeviantArt, while some other bits and pieces have been taken by Breelifornia's and PastelMangoo's official ToS.