Artist Beware - Highway_To_Sarcasm or PewPewPewPie

[professorsin.livejournal.com]

Where: http://www.furaffinity.net/user/highway-to-sarcasm/ , http://pewpewpewpie.deviantart.com/, http://www.furaffinity.net/user/pewpewpewpie
What: Commissioned a sketch bust of my character from her and have yet to see the artwork or a refund.


Proof: Journal asking for commissions and her confirming payment - http://www.furaffinity.net/journal/5147983/ (screened in case of deletion: http://tinypic.com/r/2ibnqe1/5 , http://tinypic.com/r/21nk200/5 )

Proof of payment via paypal - http://tinypic.com/r/noaj2f/5

Hiatus Journal - http://www.furaffinity.net/journal/5238270/ ( http://tinypic.com/r/30hy981/5 , http://tinypic.com/r/2a5kfo4/5 , http://tinypic.com/r/1znl8yd/5 , http://tinypic.com/r/alix55/5 )

A couple contact attempts (aside from inside the journal) - http://tinypic.com/r/rmjpg3/5 (asking for update. Ignored) http://tinypic.com/r/14v309u/5 (sent note warning of A_B post and attempt at getting a refund)

Her response and mine to the warning email I sent - http://tinypic.com/r/5x3l8h/5

After the response to the email, I responded and checked her page to find a new addition to her profile (*I don't do refunds sorry) - http://tinypic.com/r/2v2fy3c/5 and my shout once I noticed - http://tinypic.com/r/1fxmqd/5

Explain: I contacted Highway_to Sarcasm via her journal asking for commissions on Furaffinity (screens in proof) for $2 each (yeah not a whole whole lot of money, but still money paid). I loved her style and wanted her to draw a sketch bust of my character Penumbra - http://www.furaffinity.net/view/10319599/. She agreed and gave me her paypal to send the money to, which I did and let her know via the journal to which she confirmed.

I wait a couple weeks to a month for some sort of update or the sketch and I find her going on hiatus. I see that she said she's not motivated to do the work and so I let her know that if she can't do it to contact me, otherwise to not sweat it. She said nothing to that and responded only to the other person helping her refund another commissioner. I saw this after a while and got confused as to why I wasn't refunded as well. She told me she still intended on drawing my character and not to worry about being forgotten.

Another couple weeks go by and she posts a journal asking for winter commissions (the journal has long since been deleted from furaffinity but here is the journal on DA with it stating that others were sketched - http://pewpewpewpie.deviantart.com/art/Winter-Icon-Commission-closed-416204367 and on FA there's still the submission calling for them leading to that page - http://www.furaffinity.net/view/12163863/ (caps- http://tinypic.com/r/2m3rczs/5 , http://tinypic.com/r/300zedu/5 , http://tinypic.com/r/jl2es5/5 ) My sketch still hasn't been worked on and I've received no updates.

I left her a shout a week ago asking for any updates and got ignored. A couple days ago I sent out a note letting her know that if it wasn't responded to that I'd be posting an A-B post and also letting her know that at this point, I'd rather have the refund. She responded saying she didn't have the money at the moment, and nothing more than that. After that, she posted on her profile that she doesn't do refunds. Something that was put into place AFTER my commission was taken on and not worked on at all.

I understand people's lives getting in the way, and I understand I let her know that she could take some time to get over her art block, but I asked for updates and never got them. I should have at least been given that.

Update/Edit: I got a note from her saying that she had someone willing to pay the refund for me and she asked for my paypal http://tinypic.com/r/sv31ae/5 I gave it to her. I ended up getting a shout from her that rubbed me the wrong way later in the day in response to my shout on her page about the sudden addition to the refund on her profile http://tinypic.com/r/vfb6m0/5 (I've never seen this disclaimer), then not long after I ended up getting another note from her saying that the money was sent http://tinypic.com/r/29xbv9d/5 and my response http://tinypic.com/r/33bfuy9/5 . So everything's resolved now.

Edit: Just added her new furaffinity name

Comments

[yarbro.livejournal.com]

"*I don't do refunds, sorry."

That right there- is a turn off. She obviously spent the commissioners' money without their good finished.


Wow... that is just bad. I don't what to say- and she says she worked/working/will work on your commission and yet- no drawing.

Beware earned.

[0acorn0.livejournal.com]

This. No refund policies are really terrible.

Even if she already spent the money, that's no excuse. I'm often in that position and if someone requests a refund, I send it as soon as I can.

[mazz.livejournal.com]

Try contacting your bank and issue a chargeback. With the obvious failure to do your work and the "oh sorry no refunds" crap I'd just issue a charge back through the bank if they'll do it and then move on.

This artist has rubbed me all sorts of the wrong ways with how they are behaving. It seems they just made a journal they're making a new account, it seems so common in scammers to account hop a lot.

[professorsin.livejournal.com]

Well I paid through paypal and it's well past the date of chargeback. I didn't do it through a bank account, but I kiiiinda wish I had if this was what I was going to get.

And I just saw the journal. I'd hate for them to get this beware, hop to a new account, and then hide from it, though she did say that she hated the accounts to be different so hopefully it'd just be the same as her DA.

[mazz.livejournal.com]

Ah, my bank is tied to my paypal and most of what pay comes out of my bank since I don't take much for commissions so I really never have money in paypal.

If she does account hop the tag here can be changed to point out they're the same person .

[professorsin.livejournal.com]

Yeah unfortunately my paypal account isn't linked to my bank account. It is linked to my ex's account, though I had money on paypal so it didn't come from his.

And good. I'm glad to know that at least!

[mazz.livejournal.com]

The staff of this community is bad-ass.

[orangemonsterco.livejournal.com]

You can link your own bank to it and disable access to the other bank if you're looking for owndership of that paypal.

[professorsin.livejournal.com]

Oh I know. I personally don't really like banks and moved to paypal instead. My ex's account is linked so that he can still use paypal for certain things he buys and it's an easy way to get me money to help with our son without him having to drive down here to deliver it!

[celestinaketzia.livejournal.com]

Just keep in mind tho, that some banks will charge you a fee on top of the chargeback. :)

[keaalu.livejournal.com]

Looking on the artist's DA account, though, she's only 16; I don't know if this affects a person's ability to issue chargebacks? Would it be reclaimed from her parents' account, or are you just SOL?

[mazz.livejournal.com]

Yea, you can't enter into a legally binding contract with a minor and if they're buying or selling art they should have parent permission.
I just make it a point not to work with minors, there's so much legality issues where you can end up just screwed out of money.

[keaalu.livejournal.com]

That's what I was thinking. :(

From the point of view of people who have already paid her money (seing as her FA implies she's an adult, so maybe they don't realise she's a minor) but are within the 45 days claim limit on Paypal, could they still get their money back, even though she's a minor?

[mazz.livejournal.com]

If they issue a claim in the 45 day limit I don't think they would have issues.
I'm unsure what it does if their paypal account is empty or not tho.

[keaalu.livejournal.com]

I was going to edit to add this but Mazz was too fast for me, haha.

I see her FA account ( http://www.furaffinity.net/user/pewpewpewpie ) says she's 22. Seeing as she's publically posted her actual DoB on her DA, looks like she's lying on her FA, too.

[professorsin.livejournal.com]

Yeah I had no idea. I thought she was of legal age because of the fact she was posting pretty NSFW artwork like this one http://www.furaffinity.net/view/12488114/

So if she is 16 that's just lovely. Though it explains a lot

[dragontripmon.livejournal.com]

Also the fact their gallery and faves has adult content so that can also be reported to get them agelocked with the proof right there.

EDIT: Also your not the only one who has not gotten art from the shouts on their old account.

[professorsin.livejournal.com]

I don't see any other shouts on their account that states no one else got their artwork.

The only shout I see is mine aoki_chuichi22

[dragontripmon.livejournal.com]

Though I am sure there's going to be more complaints though especially the do not refund.

[professorsin.livejournal.com]

The mods are the ones to mark this as resolved right? Just making sure I'm doing the right thing

Mod Comment

[kayla-la.livejournal.com]

I have marked it as resolved.

[ladykochou.livejournal.com]

I'm actually glad you posted about her here, I've been trying to track her down.

She had a pony account on the side and took a few commissions there as well. I paid for 4 headshots ($4 so not that big of a deal) but never saw any progress, yet she took more and more commissions. I was about to note her about them when I found she posted a journal saying she had lost interest in ponies and was deactivating her account. She didn't post a way for commissioners to contact her. She also said "(also i dunno what to do about the refunds and things, I'm sorry.)"

[professorsin.livejournal.com]

Oh I'm glad I was able to help then! Make sure to contact her via her new account, she's posted a journal about it on the highway to sarcasm one.

[kaiiju.livejournal.com]

it puts a really bad taste in my mouth that they actually let someone else pay you back for them, even if it was a relatively small amount ・ヘ・
that, the comment on your page (wOW) and the comment above (coupled with the 'no refunds' deal) definitely makes her someone to avoid

[professorsin.livejournal.com]

That shout on my page irritated me. She sounded so snotty about her poor business practice, on top of the fact I never got any indication of this being the case UNTIL she posted that hiatus journal, and even then she was getting help for the refunds so it didn't strike me as someone who just flat out didn't offer them.

[intj-reflection.livejournal.com]

It never ceases to amaze me how many artists actually believe that a TOS or Disclaimer regarding a "No Refund Policy" overrides the laws on, you know, theft.

[timelapsedecay.livejournal.com]

This!
"No refunds" Just means "I WILL steal from you"

[negawolfie.livejournal.com]

I just saw someone on facebook who was complaining about her in a Furry Artists group. Said he paid $6 for a commission but never got any artwork or a refund. I told him to make a A_B on here so there may be another report on this user.

[professorsin.livejournal.com]

Yeah I just got a tweet a few minutes ago from someone saying they commissioned her and have yet to see any results. Told them the same thing. So there might be another.

[negawolfie.livejournal.com]

Good lord how many did she scam? This is terrible and as said people should only commission those who have a ToS

Her Disclaimer

[tonipup.livejournal.com]

The reason you probably didn't notice it is because its buried in a place that is relatively hard to find. Luckily I found it... It really just rubs me wrong...

http://sta.sh/0bx5i1yb5ix

Re: Her Disclaimer

[dragontripmon.livejournal.com]

Ad what do you know it's in her Stash account....

And wow that is a very horrible TOS especially what's in bold.

Re: Her Disclaimer

[kayla-la.livejournal.com]

Do NOT keep reminding me for your commission, I get so annoyed with that it's beyond angering. Once is okay, but more than once, and even three times I will move your commission to the bottom of my list of things to do.

Haha, wow. Red flags all over the place. Her ToS literally states she can take your money and run, and you can't even ask her about it. Definitely avoid.

Re: Her Disclaimer

[dragontripmon.livejournal.com]

Not to mention the fact that someone on here said she is lying about her age plus that TOS means she can get away with it too.

Re: Her Disclaimer

[professorsin.livejournal.com]

Wow...I had no idea it was there, and yeah...I wish I'd have saw this beforehand. I would've chosen not to work with her.

Re: Her Disclaimer

[yarbro.livejournal.com]

Did she ever mentioned you her TOS before you request a refund at all?

Or on the line of "You understand and agree to my TOS before commission me?" anywhere?

Because if not- then I would argue her TOS should not apply to you. Because she did not mentioned it anywhere and kept it hiddenish from the public.

Her TOS I could find is only on DA- you did business on FA- and did not have her terms there. Nor she did not apply a link to her account (also considering that she had two different usernames (at that time) between FA and DA makes it harder to find her TOS). It is her responsibility to inform you on this and post it where it is easily accessible.

It would be different if she send you the link or right front in her front page where everyone can see.

As you said- you would not commissioned her once you read her TOS.

She has terrible business practice just her TOS alone and lack of accessibility to it.

Re: Her Disclaimer

[lackoflollies.livejournal.com]

She's 16, do you really this she has any kind of grasp about how art business actually works?

Re: Her Disclaimer

[yarbro.livejournal.com]

She lied that she is 22 years old. I am going to treat her like she is 22.

Re: Her Disclaimer

[professorsin.livejournal.com]

No, she never mentioned her TOS and never linked it. I also didn't know it was on her DA, because I only found her DA after commissioning her and after being ignored for a call for an update on her account on FA. I went looking for somewhere else to contact her and found her DA.

She never once linked it and, like you said, I did business on FA where it is not.

Re: Her Disclaimer

[yarbro.livejournal.com]

Yeah- that's what I figured. I am sorry what happened to you- but her TOS should not applied to you because she never mentioned it or make it easy for FA users to get a hold of.

Re: Her Disclaimer

[spartanwerewolf.livejournal.com]

I like how it literally says she can cancel a commission and not refund you.

Because that's legal.

Re: Her Disclaimer

[keaalu.livejournal.com]

I'm more concerned that at the moment she's a minor (about 16 according to her DA/twitter), but is marketing herself as 22 on FA, so anyone having trouble after commissioning her when she reopens will have that to deal with too.

Maybe she'll wise up when she starts taking work as a legal adult - hopefully before someone kicks her in the ass with a big chargeback.

Re: Her Disclaimer

[spartanwerewolf.livejournal.com]

This is also an issue, if she is indeed misrepresenting her age. If she offers adult commissions, it could open a whole can of bees.

Re: Her Disclaimer

[lackoflollies.livejournal.com]

Which is why I went ahead and reported her account on FA for minor access to adult material. They -usually- answer those pretty quick.

[magicporpoise.livejournal.com]

Sorry if this has been addressed, but I find it funny she moved accounts, I wonder if its do to the fact that she was reported as minor by someone?

[alpharaye.livejournal.com]

The use of "lmao" several times seems super unprofessional. Just not cool on the artist's part.

[dragontripmon.livejournal.com]

And this is an interesting tidbit from the link in the TOs the comments. She actually considering this an hobby. Though it's not once money is involved.

http://comments.deviantart.com/61/386448419/3343978319

[tyrano-tiggs.livejournal.com]

"I'm in high school ATM"


Yeah totally not 22