Nightbear's Terms of Service

General Terms

• I have the right to refuse service, sales, trades, offers, commissions, or future business for any reason.
• Do not harass, guilt-trip, pressure, threaten, or rush me.
• Do not claim my artwork, designs, customs, adopts, or commissions as your own work.
• Do not remove, hide, falsify, or replace my credit as the original designer or artist.
• If the character is uploaded to ToyHouse, I must stay credited as the designer where applicable.
• The version of my Terms of Service active at the time of the transaction applies to that transaction.
• If you are unsure whether something is allowed, ask me before doing it.

AI / Machine Learning

• I do not accept AI-generated work in any part of my sales, trades, commissions, references, owed art, or design transactions.
• Commercial use does not include AI use. AI training, AI generation, dataset use, model training, LoRA training, style training, or use in machine-learning systems is never allowed.
• AI-generated work is not accepted as payment, trade value, owed art, customs, references, examples, or added resale value.
• You may not upload, submit, trace into, edit with, reference through, or otherwise use my artwork, designs, commissions, sketches, WIPs, references, character profiles, or related files in AI tools.
• You may not use my work with AI image generators, AI chatbots, AI datasets, machine-learning systems, model training, LoRA training, style training, or similar technology.
• You may not use my designs or artwork to create AI-generated artwork, AI redesigns, AI reference sheets, AI adopts, AI edits, AI animations, AI writing, AI roleplay bots, or AI-generated commercial material.
• You may not give permission for another person, website, company, bot, scraper, service, or third party to use my work for AI training, AI generation, AI datasets, or machine-learning purposes.
• Any AI use of my work is a violation of these terms and may result in cancellation, refusal of future service, blacklisting, and a required transfer-back where applicable.

Design / Adopt Terms

When you receive one of my designs, you receive ownership of the character/design under these terms.

I still keep copyright to my original artwork unless I directly agree otherwise in writing.

You may

• Use the design for personal use.
• Use the design for roleplay, stories, MCRP, YouTube, streaming, or similar content with proper credit.
• Make small changes to the design.
• Trade, gift, or resell the design as long as these terms are followed.
• Add art, lore, outfits, accessories, or character development.

You may not

• Claim that you created the original design.
• Remove my credit as the original designer.
• Heavily redesign the character until it is no longer recognizable as my work without my permission.
• Sell the design for more than you originally got it for unless extra art has been added.
• Use AI-generated art, AI writing, AI references, or AI edits to increase the value of the design.
• Trade, sell, gift, voucher, co-own, or otherwise transfer the design to a blacklisted or blocked user.
• Transfer the design to anyone acting on behalf of a blacklisted or blocked user.
• Trade, sell, gift, or send the design to a design shelter, purge account, mass redistribution account, or similar account without my permission.

Redesigns

Minor redesigns are allowed. Major redesigns require my permission first.

• If you are unsure whether a redesign is too much, ask me before posting, trading, gifting, or reselling it.

Resale / Trade / Gifting

• You may resell, trade, or gift my designs unless the original sale post says otherwise.
• You may not resell the design for more than the original purchase price unless extra art has been added.
• Only paid or commissioned art with proof may increase the resale value.
• Proof can include receipts, screenshots, invoices, payment records, or clear agreement records.
• Personal art, gift art, free art, Picrew images, dollmakers, AI-generated images, or unverified art do not increase resale value.
• If you got the design for free, you may not sell it unless extra paid art has been added.
• Do not sell, trade, gift, voucher, or transfer my designs to design shelters, purge accounts, or mass redistribution accounts without my permission.

Commercial Use

Personal use is allowed by default.

Commercial use is not included by default.

• Commercial use includes merchandise, branding, logos, mascot use, paid games, paid comics, paid animations, physical products, digital products, advertisements, business use, and large monetized projects.
• You must ask me and receive written permission before using my designs or artwork for commercial use.
• Commercial use may require an extra fee or a separate agreement.
• Commercial use does not include AI use. AI training, AI generation, dataset use, model training, LoRA training, style training, or use in machine-learning systems is never allowed.

Blacklist / Blocked Users

Due to past block evasion, ban evasion, and people trying to obtain my designs while blacklisted, I do not release my full blacklist publicly.

If I have not worked with you or do not trust you, you may not be shown the full blacklist.

• You may not allow my designs to go to anyone I have blocked, anyone I have blacklisted, anyone acting for a blocked or blacklisted user, any account being used to evade a block or blacklist, or any group, cast, production, or project connected to a blocked or blacklisted user if I have stated they are not allowed to own my designs.
• If you are unsure whether someone is allowed to receive one of my designs, ask me before transferring it.
• If you knowingly transfer, sell, trade, gift, voucher, co-own, or route one of my designs to a blocked or blacklisted user, you may be blocked, blacklisted, refused future service, and required to transfer the design back.

Blacklist Timing

• If someone owned one of my designs before being blacklisted, they may keep that design unless they later break these terms with it.
• After someone is blacklisted, they may not obtain any new designs from me directly or indirectly.
• If Person A owns two of my designs before being blacklisted on 2/2/26, they may keep those two designs.
• After 2/2/26, Person A may not receive, buy, trade for, be gifted, co-own, voucher for, or otherwise obtain any more of my designs.
• If Person B gives one of my designs to Person A after Person A has been blacklisted, Person B may also be blocked and blacklisted.

Violations

Breaking my Terms of Service may result in refusal of future service, cancellation of current transactions, being blocked, being blacklisted, removal from future adopts, sales, trades, or commissions, a required transfer-back where applicable, and public clarification if needed for business safety.

• Violations include chargebacks or payment reversals after receiving the design or art.
• Claiming my work as your own.
• Removing my credit.
• Using my work for AI.
• Selling above allowed value.
• Transferring to blocked or blacklisted users.
• Helping someone evade a block or blacklist.
• Harassment, threats, or pressure.
• Ignoring these terms after being warned.

Commission Terms

By commissioning me, you agree to these terms.

• I may decline any commission for any reason.
• Payment is required upfront unless we agree to a different payment plan.
• For larger commissions, I may allow half upfront and half before final delivery.
• I will not begin work until the agreed payment has been received.
• You must provide a clear visual reference of the character.
• Full, unshaded references are preferred.
• I may send sketches or WIPs if needed or requested.
• Major changes should be requested during the sketch stage.
• Major changes requested after sketch approval may cost extra or may be refused.
• Do not trace, recolor, heavily edit, remove my watermark/signature, or claim the commission as your own work.
• You may ask for a watermarked or unwatermarked version.
• You may repost the finished commission with proper credit.
• I may post the finished commission as an example, unless we agreed that it would stay private.

Commission Copyright / Usage

• I keep copyright to my commissioned artwork unless I directly agree otherwise in writing.
• Buying a commission does not mean you own the full copyright to the artwork.
• You receive permission to use, repost, and display the finished art for personal use with credit.
• Commercial use is not included unless discussed and approved in writing.
• My commissions are not allowed to be used for AI training, AI generation, datasets, LoRA training, machine learning, AI edits, AI references, or any AI-related use.

Payment

• I currently accept payment through Cash App.
• I will send payment information through DMs.
• Do not send payment until I confirm.
• Payments must be sent as agreed.
• If payment is not received within the agreed time, I may cancel the sale, hold, adopt, or commission.
• Chargebacks, payment reversals, or false disputes after receiving a design or commission are a violation of these terms.

Holds

• Holds are only available if I agree to them.
• Holds usually last up to two weeks unless we discuss a different time.
• Holds are not guaranteed.
• If you ghost, ignore messages, or fail to pay by the agreed date, I may cancel the hold and sell or trade the design to someone else.
• Repeatedly backing out of holds may result in me refusing future holds.

Art Trades / Owed Art / Customs

If payment is art, owed art, or a custom design:

• The deadline must be discussed and agreed on.
• The usual maximum time I allow is one to two months.
• If you need more time, you must update me before the deadline.
• If there are no updates, no progress, or no response after the agreed time, I may cancel the trade or transaction.
• AI-generated work is not accepted as payment, trade value, owed art, customs, references, examples, or added resale value.
• Do not offer AI-generated artwork, AI-generated customs, AI-generated adopts, AI-generated writing, or AI-generated references as payment.

Refunds / Cancellations

Final Notes

• If you have questions about my Terms of Service, ask me before buying, trading, gifting, commissioning, or transferring one of my designs.
• By receiving my designs, adopts, customs, or commissions, you agree to follow these terms.
• Thank you for reading.