Terms of Service
Table of Contents
Section 1
General Information
This Terms of Service Agreement is for the commissioner, trader, or receiving party of goods from Rae Swyear (a.k.a Misora Rae), owner and operator of Misora's Treasure Box, and public viewers of their rights they have with goods, merchandise, and/or artwork created by the artist.
Overview: Usage Rights
I, Rae Swyear, have the right to use the commissioned work for my own personal use, including but not limited to, posting them to online galleries, personal websites, editing for personal use later, social media websites (ie: BlueSky, Tumblr, deviantART, etc), and using them in physical art portfolios, art shows, shop galleries, and the like.
As a commissioner, please be sure you have permission to use the characters you want in your commission. I may request an e-mail or private direct message (DM) from the person who owns the character letting me know I have permission to create them in the piece. I will also need their name to give them credit when posting the finished product to my online galleries and websites.
As a commissioner, you are bound to uphold my request given within this agreement.
Section 2
Re-posting and Editing Commissions/Trades/Gifts
You are:
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ALLOWED to post it in your online gallery AS LONG AS you give proper credit in the submission description and a link to the original submission/posting. If the original is not on any of my online galleries or social media platforms, you MUST provide credit and give a link back to my website, social media account(s), or online gallery regardless.
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ALLOWED to make your own avatar/icon of the piece I make you. If you do upload this to your gallery, please give credit as if it were an actual commissioned drawing/painting as stated above.
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ALLOWED to post it on a sharing board or social media AS LONG AS you are the one who commissioned the piece AS WELL AS put that the piece was created by me and linked back to me in some form.
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ALLOWED to request that the piece not be posted in my gallery or to put you down as anonymous. Please tell me this ahead of time!
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NOT ALLOWED to request to edit, alter, or removal of my watermark and/or my signature. An un-watermarked version of the image will still be sent to you, along with the watermarked version. However, this un-watermarked version is for your personal use only and is not allowed to be uploaded to the internet. If I find my un-watermarked image being used, I will ask you to re-upload the watermarked image. If you refuse, I will report your image as copyright infringement and file a DMCA.
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NOT ALLOWED to claim that you drew/made the art, this includes tracing the image and “remaking” it as your own. It is your piece that you commissioned, but I own the rights to the image, unless you specifically purchase the rights from me. Claiming my art as yours is a one way ticket to my blacklist and your rights stripped of the commissioned piece from any future use.
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NEVER ALLOWED to use any of my images, past and present, to be edited, modified, or used to train AI models. PERIOD!
Section 3
Subject Matter
I reserve the right to refuse any request on any grounds I deem necessary. Refusal of request will be made prior to any transfer of funds.
A list of what I will not attempt, as well as subject matter I will draw, but am not as comfortable with, is as follows:
Will Not Attempt:
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Your character with Misora in anything romantic or more than a PG setting
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Mecha/Mechanical
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Please feel free to inquire if you have something like this but you aren’t sure.
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Underage characters in ANY kind of adult situation
Will Attempt, But Limited:
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Most Adult Material; e.g. violence, nudity, drug use
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Proof of age is REQUIRED before I will attempt this.
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Kink/Fetish Themed
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Proof of age is REQUIRED, if it is adult themed, before I will attempt this.
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The following list is the subject matter I will draw, no questions asked.
Will Attempt:
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Dragons and other fantasy or science fiction based creatures
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Fantasy or science fiction based scenery
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Natural scenery
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Still Life
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Pet/Animal Portraits
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Wild/Feral animals or creatures
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Anthropomorphic
If you are unsure of the subject matter you want created, please contact me. I will let you know if I feel comfortable with it. Please note, there are always going to be exceptions to these rules, so if you have a picture idea that is within the red or yellow categories listed, you are still welcome to ask if I would attempt it.
Section 4
Process
You can view a progress list of all commissions here:
Before work on the piece begins, I will need a detailed description of the piece you are requesting, unless artistic freedom is given. This can be either visual or descriptive. The more details you include in the initial description, the quicker I can get started on creating said piece. It is your responsibility to tell me what you want!
There are usually three phases to a visual commission (drawing/painting): sketch, outline, and color. Depending on the level of commission you are purchasing determines the phase. At the end of each phase, I will show you what the commission looks like with a preview watermark over it through email or PM. The watermark is for my own protection and will only be removed once the commission is approved and completed.
A vast majority of all changes, if any, should be requested during the sketch phase. Once the sketch has been shown, this will be your one and ONLY time to request major (pose, background, props, etc.) changes. It is important for you to review the sketch carefully and tell me anything and everything you want to be changed. Once I begin on the line art, if applicable, you will only be allowed a limit of 2 minor changes. Anything that requires a major change in the image past the line art stage will be charged a 50% fee of the original cost of the commissioned piece. When the image is being colored, the commissioner may request ONLY minor edits to the color. No two computer monitors are the same, so variations of color will happen.
Once the order has been completed, it will be posted to my online galleries and/or websites. If you do not wish to have your commission posted online, please let me know beforehand.
Section 5
Upgrading
If you purchase a sketch or line art commission and would like to upgrade it one or more levels, you are more than welcome to do so. However, you would have to reserve a new slot and you would pay the difference of what you already paid minus the cost of the next level up you are wishing to commission. If my slots are filled, you will have to wait until a slot is available.
If you commissioned a sketch or lineart from me, you are NOT allowed to take it and upgrade it yourself OR take it to someone else to upgrade. I work very hard on my artwork and try to achieve the best I possibly can with each piece I do. If you do not like any particular part of my style, then it's best not to commission me at all.
IF you personally edit your picture in any way, shape, or form other than making an icon, avatar, and/or banner, it is considered a breach of this contract and all rights will be stripped from using said image in the future and all images found in violation will be reported as copyright infringement.
Section 6
Payment
When I total the cost of the commission you are requesting, I will send you an invoice.
DO NOT SEND PAYMENT BEFORE THE INVOICE IS SENT!
Full payment is required for commissions totaling $100 or less. If the order is $101 or more, payments may be broken down. However,the commission will only be complete when the order has been paid in full. The following payment types are accepted:
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Paypal - Paypal is my most commonly accepted form of payment. This is also the only way that I can accept credit cards as well.
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CashApp and Venmo - These payment options are rather new to me, but I am quickly learning that they are much more friendly than PayPal. Still learning how to use them, so if this is the payment method you wish to use, please let me know ahead of time.
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Cash - I only accept cash in person. I do not accept cash via mail because of the security risks involved.
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Trades - Trades are much the same as a commission, except other goods are paid for my services instead.
There are times that I am willing to accept traded goods in return for my services. While I rarely accept trade offers, you are welcome to ask. If I do happen to accept a trade, trade payments can be paid with other artwork, something I am actively searching for, or anything on my Amazon.com wish list.
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If you approach me wanting to do any artwork trade and I accept, your artwork you create is your payment. Once the goods/artwork for said trade have been received, only then will I begin working on the piece.
Section 7
HaRASSMENT
Harassment is something I do not tolerate lightly. Sometimes I can take a while on a piece, depending on complexity, size, and sometimes personal life events, my job, illness, etc. While it is okay to ask for updates, please do not hound me wanting updates or demanding changes, major or minor, to the piece in a very short amount of time. If you are asking too many changes or for updates/status of your piece, I warn you once. If it continues, I -will- cancel your commission WITHOUT a refund.
Patience is a virtue! Your piece will be completed! I know it's exciting to get a commission, but please be patient with me.
Section 8
Refunds and Cancellation
If you claim a slot and have not paid for your commission and you cancel, then nothing is owed and I will simply remove you from the list. Keep in mind that I usually have people waiting on commissions from me, so if you cancel and want to commission me again, you will be put at the very back of the line. My commission queue is currently first come, first serve.
Artwork sales are final once work has been started. You can request a refund before the artwork has been started, but please allow 7 days, minimum, from the payment date before requesting a refund. If you have any special requests or issues, please message me via email at: misorarae@gmail.com, or message me on any of my art gallery websites, BlueSky, or Telegram. I can work out a refund beforehand if special circumstances apply.
If you paid for services other than a visual image, it will all depend on supply cost and how much I have progressed on the goods. This will vary case to case, so a one on one discussion will be held to determine the refund amount.