tos

tl;dr

  • You're free to use any art as you like for personal purposes.

  • Limited commercial use of any art might be allowed if it follows the guidelines below.

  • All art is offered as a reward for supporting a charity campaign, not as work made for hire. Requests for edits/revisions will likely be considered, but may also be declined.

  • Any payment concerns must go to appropriate campaign platform.

General

The terms of service on this page (the Terms) apply to any and all rewards offered for charitable donations to campaigns that I run, regardless of hosting platform, payment provider, associated charity, donation amount, etc. Any questions or concerns about the Terms can be sent to dono@fancyplants.art — special requests or exceptions may be permitted on a case by case basis.

Any artwork or intellectual property produced under these terms (collectively referred to as the Work) are considered rewards to show my appreciation for a donation to a charitable cause, not works made for hire. As such, the Work is offered with no warranty and I (the Artist) assume no liability for any damages or losses incurred by you (the Donor) from authorized or unauthorized use of the Work. Additionally, the Work is offered as-is, and the Artist assumes no responsibility for further modifications or support related to the Work. Such requests may be considered on a case by case basis, but the Artist reserves the right to decline with or without reason.

The availability, description of, and minimum donation to receive any particular reward is shown on the associated campaign page, and may be changed at any time. For any particular reward, the extent of the Work to be produced is outlined in the reward description. Requests that deviate from the provided description may be considered, but the Artist retains the right to deny such requests with or without reason. In this case, the extent of the work will be as outlined in the reward description.

  • If you're interested in a reward that is comparable to what is outlined in the reward description, feel free to contact me before making a donation. Examples of comparable requests that might be considered include:

    • A chibi character illustration instead of a half-body illustration

    • Four 18x18 pixel icons instead of a single 36 x 36 pixel emote

Guidelines

The Artist reserves the right to deny any requests based on subject matter, and the Donor will be notified using any contact information included in their donation. The Artist is not obligated to notify the Donor of a denied request if no contact information is provided in the donation. If a request is denied, the Donor may submit another request in writing, and may continue to do so until a request is accepted.

  • If you would like to submit a request but aren't sure if the subject matter would be accepted, feel free to contact me before making a donation.

  • Subject matter that will not be considered includes (but is not limited to):

    • Depictions of violence

    • Hateful content or anything that is disparaging to any individual or group

    • Explicit sexual content

    • Depictions of any person's likeness without their express consent

    • Large amounts of mechanical elements

Usage

The Artist shall retain full and exclusive rights to the Work. The Donor shall be granted a perpetual license to use the work for any non-commercial purposes. Limited commercial use of the Work is permitted for the purposes described below. Additionally, any commercial use also requires readily available written credit with a clear indication of what the work is and that it was made by the Artist (ex. "offline banner made by @fancy_plants on twitch"). Use of the Work deemed unacceptable will be considered a violation of the Terms, in which case any and all licenses to the work may be revoked with or without notice.

Acceptable commercial use of the Work is limited to:

  • As digital branding assets for use on websites or social media platforms (ex. profile pictures, banners, Twitch/Discord emotes, etc.)

  • As the basis for derivative works that constitute such assets

  • As graphical elements within broadcast video media (ex. part of a Twitch overlay, YouTube end card, etc.)

Examples of unacceptable use include (but aren't limited to):

  • Redistribution of the work in any physical form

  • Derivative use of the work for physical or digital merchandise

  • Use of the work in non-broadcast media such as a video game

  • Any use, commercial or otherwise, that suggests that anyone other than the Artist is the author of the work

Payment

Since the Artist doesn't receive any money from the Donor, the Artist shall not be responsible for any refunds or other payment issues. Any such concerns must go to the campaign platform through which the reward was offered or the payment platform through which the donation was made. In the event of a refunded payment, any pending rewards or licenses to the Work associated with the donation will be revoked.