Yoka's TOS

Carrd for my TOS. To find my main Carrd, click on "About the artist" just below.

Artworks TOS

• Back

COMMISSIONSYou are considered as the actual ‘owner’ of my artwork(s) if you are the actual owner of the design it was made for. If you bought/asked me to make an artwork for a character that you do not own, then your are not the owner of this artwork, even if you paid for it. In that case, you are gifting this artwork to the actual owner. If you trade a design which has one of my artwork, then the new owner of the design is also the new owner of my artwork and you can no longer use it.Where to order a commission?Only order of you're directly speaking with me. Follow my links to know if it's me or not. If you meet a "Yoka", "YokaMycelium," or any variation of these nicknames anywhere else outside of the links stated in the "about the artist" linked in the home page of this Carrd, then you're probably not speaking with me.Details to know before paying- I use US dollars. If you're Canadian or Australian; please consider the currency difference.
- Because trust goes both ways, you can freely ask for regulary "Work in progress." It's included in the price. I usually provide them but I can forget, so feel free to DM me for them.
- I accept money via Paypal, sometimes via Deviantart points if it's specified.
- Let me max one month to complete your artwork. Any rush will blacklist you from my coms and events.
- One month max guarantee: over this delay you can ask for a refund.
- I need a clear visual reference of your character (no written) - otherwise it'll be considered as a custom and not as a regular commission.
- I allow myself to refuse a commission. It's because I refuse to get paid for something I can't draw, or that makes me uncomfortable.
- You will only receive a digital product. Nothing will be printed or shipped to your home.Paypal feesWhen you commission me, I will ask for your Paypal email adress, then I will send you an invoice. It means that I will pay the paypal fees, not you. The Paypal fees are already included in my commission prices. You will not have ay bad surprises about that.
However, if you ask for a refund (see conditions below), I will only refund you what I got after the Paypal fees are applied, and extra paypal fees may be applied to what you'll receive. I ufortunately can't decide that. (Example: If you sent me $50, I will probably receive around 47,01 $US. When I'll send you back the 47,01 $US, you might receive 44,87 $US in the end, due to the transfer fees.)Your guarantees- You will always receive the FULL FILES of your artwork (no reduced ones.) What is posted on my places (like deviantart) are always smaller. It first means that you can print your artwork for your home if you want; but also that nobody will be able to properly steal this artwork (as you're the only one who has the full file(s).)
- A small and almost invisible watermark might be present as signature of my artworks, for both our protection against art theft. The large watermarks withh be removed for your personal files.
- Unless stated otherwise, the lines I make for you for commissions will NEVER be reused for someone else. The artwork you received is, and will stay, unique. (Except for YCHs or bases, obvioulsy - but this will be specified first and costs less - you always know what you buy. If you doubt, ask.)What happens after paymentMy commissions are 100% pre-payment. It means that I start drawing only after that I've received the full payment. After that, you can request WIPs of the artwork I'm creating for you, and may request free changes if I made mistakes about your character.How to get a refundI engage myself to complete an artwork that you paid for within one month max after payment. (Unless stated otherwise with you for really big projects.) After this delay, you are allowed to ask me for a refund of what you paid. HOWEVER, this comes under certain conditions:
- The refund is not automatic. You have to ask for it if I havn’t completed your piece after one month.
- If you ask for a refund, I will stop working on your piece, and the deal will be cancelled. However, you will be able to use the actual in progress pieces I already provided to you.
- If I already started your piece, you may not have a complete refund:-> Sketch: 80% of the price
-> Lined: 65% of the price
-> Colored or shaded: 40% of the price
-> Colored and shaded: 10% of the priceMy private life won’t change this rule. Even if a hospital trip, a death in my family, etc. happens, you can ask for a refund. I consider that I (and only me) have to manage this kind of incident and you don’t have to pay for it.To know: Once you pay, you can't get a refund (except if I'm too long, as seen above.) Think wisely before ordering something.
If you don't like the final piece, you can't ask for a refund either. Please browse my full gallery of artworks to know if you like my artstyle or not and to have an idea of what you will get. Asking for a refund because you don't like a final artpiece will be considered as rude.Need something quickly?This one month max guarantee gives you a guarantee that I'll finish your artwork before 31 days. However, if you need an artwork faster, you have to pay extra fees. Depending on the piece and the time limit for your piece, price might increase. This is fully negociable.No referenceThe character I will draw for you needs a clear reference (colors I can pick, details are not sketchy, etc.) If it doesn't have one, then your commission will not be a commission, but a "custom." I'll create a custom character for you, according to settings we'll decide together. Prices may change according to what you want, but customs are generally more expensive than regular commissions.
I'll ask you to be clear about what you want from the beginning. If you order and pay for a commission and then tell me that you don't have any visual reference, I'll send you back your money (minus Paypal fees I paid) and I'll cancel the deal.

Your rights with my artworks

• Back

This tab correspond to any artwork you may have from me, including: gift art, art trade, commissioned artwork, kiriban/raffles artworks, art payment, etc..You are allowed to
You can use any of my artwork for personal uses, which are:
- You can repost an artwork you own on any website / media as long as a proper credit is provided, and a functional link redirect to my main Carrd or Deviantart profile page.
Exceptions:
- Toyhouse: Please credit “Yoka” in-site
- Deviantart: Please ask first
- Pinterest: I repeat: A functional link to my Deviantart/Carrd page has to be visible and associated to the picture!
- Discord: I repeat: A functional link to my Carrd/Deviantart page has to be visible and associated to the picture! (Seems so hard for some people.)You can print an artwork you own for your home (you’re even allowed to stick the poster in your toilets, I won’t check), use it as avatar in any website, use it as wallpaper for you PC, phone, etc.You can use an artwork as illustration for a universe/species that you own if I made the artwork for you/for the universe.You can augment the value of a character / design with my artworks if I realized the artwork specifically for this OC (read more in the commercial uses tab.).You have to accept that
I may use: references, tutorials, stocks, texture packs, brushes, and this for any artwork, even commisionned ones. This is not mandatory but if you ask me to draw something I'm not used to draw (like animals for example) chances that I'll use ressources are increased.
I will NOT use AI..YOU CAN'T
You are NOT allowed to alter my works in any way.*
You are not allowed to edit my works, to change a color, to color empty lines, or to change anything, except if you have my explicit authorization.
You are NOT allowed to directly or undirectly edit my artworks, even if you redesigned the character, even slightly.
Please, do not crop my signature either, or recrop an artwork in such way that part of it is erased or not visible anymore.__* Cropping and editing is allowed for the purpose of creating an avatar or toyhouse icon, for example. Ask if you doubt of the use you plan to make.Seems obvious but: you are NOT allowed to use an artwork that is not made for you or a character you own.You are NOT allowed to include my artwork in a media you will make profit with (for example, as a cover for a book that will be sold) without my explicit authorization. See the Commercial use tab for more details.You are NOT allowed to sell my artworks as NFTs even if I made it for you. Check the commercial use tab for more information.You are not allowed to hide, or to ‘forget’ my nickname to avoid crediting me.

My rights

• Back

I retain rights over all of the artworks and designs I've made, even if you paid for it, and even if you are the legal owner of a said artwork or design.I make every artwork and design with the idea that the future owner of it will have read the Terms of service written in this Carrd, and will respect them. If not, I reserve the right to block this person, and depending on the issue, to proceed to more legal actions.
Eventually, is somebody didn't respect my rules, I might:
- Ask them to remove my piece or design from their galeries
- Ask them not to interract with me anymore
- Ask the host website to take actions to remove a piece or design or to apply changes to it, if copyright infringements have been issued..I will maybe use tutorials, references, brushes, and other resources when working.I will repost my art on my social media (Deviantart, Toyhouse, Discord, and maybe more.) Even if I worked for you. You will of course be credited in this case.I might use my art in a portfolio and / or to advertise myself.I might use my art as a display on my social media to show what I can do (for example, in my commission sheet.)If you want a full or partial privacy on an artwork I make/made for you (so I don't repost it anywhere), you'll have to pay extra fees. It can be negociated. Please contact me for such details.

Designs TOS

• Back

Designs = Adoptables = Adopts
Adopts are designs I create to be sold..If I am the original designerYour rightsOnce paid, you'll receive the full sized files of your design. Only you will receive them. A small and almost invisible watermark might be present as signature of my artworks, for both our protection against art theft.You are allowed to gift it, trade it, trade it for any voucher, and sell it for the price you want, to a private person (= not a society, for example.)
In that case, you are responsible to transmit the full-sized files to the new owner.You are allowed to repost the adoptable design on any website or platform as long as a proper credit is provided, and a functional link redirects to my Deviantart profile page or Carrd. Exception for Toyhouse: Please credit “Yoka” in-site.You are allowed to create and buy extra art of any media for your character. You are not asked to specify that I’m the original designer to the commissioner, but I always appreciate when people show me what they made with a design!You are allowed to change the original design that I made in any way – as long as I’m still credited as the original designer (even if your changes are drastic and we can’t recognize the character anymore), and as long as you don't directly edit my artwork(s). Except for Species designs (in that case, refer to the species' rules about redesign.)You are allowed to roleplay your character and to include it in any non-monetized story and universe, etc.My rights
I don't do refunds. Once you buy a character, it's yours, and I won't take it back (even if you don't like the character anymore.) You can sell the character to another user, but I won't buy it back. Think wisely before buying something.You will only receive digital products. I don't send prints of the artworks.You can't
Please, do not back away, sneakily delete a comment, or "change your mind" after claiming an adoptable or placing a bet in an auction, unless you have a very valid rason (like the sudden loss of your job for example.) If you really must retract a purchase or a bid, please DM me to explain why. I typically backlist and block people who do that and try to remain unseen (but I see you.) Be certain of your finances and will to buy an adopt before claiming anything.You are NOT allowed to include your character in a media you will win money/make profit with (for example, in a book that will be sold) without my explicit authorization. See the "Commercial use" tab below for more details.You are NOT allowed to turn any of my one-off design into a new species. (Closed species, open species, or ARPG for example.)
You can't create other creatures that have the same physical particularities, even if you change colors, add features, etc. You can't allow people to "make their own", for free or for money, etc. Each of my designs are unique, and you are not allowed to include it in any universe with the status of "species." For more details or to buy species rights for a design, please note me.If you want to turn a one-off design I made into a member of someone's species, please ask me first. Most of my TOS are very permissive and may contradict the species' TOS, so I'll probably decline to avoid conflict, but we never know ~You are NOT allowed to duplicate or to sell a design multiple times. Each design is unique and may be sold/traded only once.You are NOT allowed to hide, or to ‘forget’ my nickname as the original designer..If I am NOT the original designerIf you adopted a design from me but I am not the original designer:
-> Find the original designer and follow their TOS..Species / ARPG / Etc.If I am the original designer of an adoptable that you own, but it’s from a species (If I am a guest artist):
-> Find the species’ TOS and follow them.If the species has no TOS, respect the species creator’s TOS. If some of my TOS go against the species owner's TOS, please contact us to solve it without drama.

Commercial uses

• Back

"If the usage of something is part of the process of you making money (real and/or virtual), then it's considered as commercial use."In general, you are NOT allowed to use my artworks or designs in commercial uses.
If you want a commercial use for an artwork or design I made, then you need my explicit authorization.The exceptions are:You are allowed to sell a design that I’ve made and that you currently own (see the Adoptables tab for more details.) As a private person, you are allowed to sell a design to another private person. You are not allowed to sell it to a universe, a concept, a studio, a non-physical person, a society, etc.
You can sell it for the price you want, even if it's more expensive than what you originally bought it for.You are allowed to increase the price/value of any character you own with any of my artwork. (Even if I’m not the original designer of your owned design / not if the original designer does not accept it.) (See the artworks tab for more details.)You are allowed to edit, create and sell adoptables/designs with your own TOS with some of my bases. Check the description of my bases to know what you're allowed to do with, or not.But you can't:You are not allowed to create merch with any of my artworks or designs. This also counts for artworks you obtain with a part of my work: understand that if you made an artwork using one of my resources (base, free background, etc.) you're not allowed to commercialize it.It includes selling my artwork on any surface without my explicit authorization. And this, even if you spent money to create a new object with my artwork/design. For example: you cannot sell pillows, posters, shirts, Displates, etc, or including one of my artwork/design, even partially, in your shop, redbubble, or at a convention, etc.It also includes creations such as monetized books, comics, etc. You can't include any of my artworks, or even concepts or lore-building in a monetized creation of yours without my explicit authorisation.You can't add any of my artworks or designs behind paywalls, meaning that people have to pay to access a galery of images. For example, Patreon, Deviantart's monetised galeries, etc.
Unless if we discussed it before.None of my artworks can be turned into pay-to-unlock items either. For example: Twitch's emotes. Unless of course we discussed it before, or if I made something especially for this use, and it was clear from the beginning.Even if you paid me to make an artwork for you, turning my artwork as an NFT is prohibited. My commissions and adoptables / designs are made for personal use only.How to obtain a commercial use?You can ask me to grant you a commercial use for any artwork/design. You have to be very clear in your request and why do you want a commercial use. In general, you will have to pay extra fees for a commercial use, and I am allowed to ask you for a percentage of money on the profit you're going to make.Once we agree on a deal, you'll receive an official PDF file with my signature, stating the clear details of the commercial use. This document might serve as proof in any legal actions if any of us breaks the deal or violate rights.Usually, I grant commercial use for a said period, that can be extended.If you didn't receive this PDF and you think you should have it, please contact me! If it's justified, you'll receive it in no time.

NFTs

• Back

Non fungible tokensI do not support NFTs.I will NEVER repost any of my artworks and designs as NFTs. If you see my art being posted as a NFT, it's not me; my art has been stolen.It already happened to me, strangely mostly with old pieces. If you see my art being reposted as NFTs, please immeditely report it, and contact me to notify me of this copyright violation!I repost my art on the website Deviantart, with which I have the Core Membership. The Core membership comes with a bot that analyze blockchains and detects if my art has been stolen by a NFT website. This means that if I made an artwork or design for you, this artwork/design should theorically be protected from abusive NFT reposts.
As long as I have Deviantart's core membership, you should feel safe.You are NOT allowed to sell any of my artworks, or any artworks made from something I created (like using one of my bases for example) as NFT. (Even if I made this artwork for you.)
If everything went well and if no one steals my artworks, you should never see my art as an NFT.

Designs TOS

• Back

AI = Artificial intelligence
"AI art" = "Art" generated by AIs.My opinion on AIsI am technically not against AIs pictures, but I think this should have its own set of rules.To me, AIs are a great tool. They allow anybody to create a universe, world-building, and designs in seconds. They allow anybody to become creative, without limits, and I love that. I've known over the years many people who "only write, but can't draw," and AIs are an amazing tool for them, for example. They also are a tool for artists, they may serve as inspiration, to help finding a color palette or composition, or to find ideas. I've even seen artists painting above AI generated picture for a crazy result. I will defend these aspects.I am also not afraid that AIs might replace Human artists. This might or might not happen (I dont think it can), but I know that it will not stop me from drawing in my side, as I draw not to impress, but to express. I use art as a mean of communication, which would be voided if I simply entered a prompt in an AI. Sometimes, I need to feel the strokes of a coloration to feel better, and no AI will ever replace that.I however do not condone people who use AIs to pretend that they did the artworks themselves. To me, AI generated pictures MUST be clearly tagged as what they are. Other than that, I don't mind the use of AIs for the uses I stated above.I do not condone the act of making money with AI generated pictures. To the date I write these lines, it's still unsure if all AIs steal artworks (we know that MidJourney does - but ArtBreeder and Wombo's Dream (the ones I use) specify in their TOS that they obtained the rights for the pictures they use. Either they lie about it or not is unknown.) But just in case, making money with a product it's unknown if it's actually stealing an artwork or not is not acceptable in my terms.I also don't condone the use of AI to steal or mimic someone else's artworks or artstyle. This is to me the direct equivalent of a counterfeiter's product.If you want to sell me, or trade with me, an artwork or design that has been made using an AI, you should tell me beforehand how it has been made.
I value people's art and efforts, so I'll probably refuse to buy or to trade for AI generated images.
If you sell me an AI picture without telling me that it's an AI picture, I will consider that you scammed me. If I can, I'll ask for a refund/chargeback and I will block you.How I might use itI might use AIs myself. I think they are good for world-building, and to fight artblocks. I already used them to create visuals for my universes. It's AIs that pushed me to start drawing my own backgrounds, because their results inspired me. They got me out of artblocks just by playing with them and giving me inspiration so many times that I can only defend this aspect.When I repost AI generated picture, it's always specified somewhere in the description or tags of the picture, alongside with the AI used. If not (take the YVVO website), credits can be found in the credit page. I never lied about AI generated pictures (I generated a bunch before it was popular ahah) and never pretended that it was my own work, even if I often edit them a lot afterwards.The same goes if I paint above an AI picture; you'll always be aware of it.Unless you specifically ask me to do so, I will not use AI generated images to replace fully or partially an artwork I make for you.I never sold any AI made picture, nor made any kind of profit with, and I always gave them as free resources for the community (unless personal AI generated pictures.) Besides, as soon as I knew about the AI's art theft, I reverse-searched the obtained pictures to see if it looked like an existing artwork. It didn't, so I'm encline to believe that ArtBreeder and Dream are probably honest when they say they don't steal artworks.My artworks and AIsI don't allow the artworks I make for others and the designs I sell to be included in AIs creations.However, I know that this is widely beyond our control as artists. If my artwork is used by AIs to compose something truly new, to the point that it's impossible to say that my artwork has been involved in the process of creation, then there's nothing I can do against it. (And if we really can't say that parts of my style or artworks have been used, then I don't really care.)If an AI however creates a picture so close from my artwork(s) that the source material can be recognized, I'll make sure that the obtained image(s) is (are) taken down for copyright violation.I might use my own personal artworks, made by and for me only, to submit them as prompts for AIs to remix, just to have fun or to find inspiration for new creations. I'll probably never to rarely repost them if I do.