Evangeline's Ownership

Please read through this very carefully, by purchasing my art, you are agreeing to these conditions.
(This also applies, to if you are traded or gifted one of my adopts.)

This is the main TOS and is up to date, any other TOS versions will not be considered. Generic Adoptable Rules:

Adoptables are purchased designs (you may also trade and gift them) which you can use to make your own character. You may name the character, create a personality and background information for the character as well as make minor design changes.

Alterations to the design are not allowed. (Unless stated otherwise on the sale or you get written permission from me. So please ask.) The design and art must be credited to me when used. If you upload to Toyhou.se, please credit me at toyhou.se/KizunaYui

If you resell, trade, gift, please link them to this TOS so that the new owner knows the rules and doesn't accidentally violate them. Please notify me when you resell, trade, gift, any of the adoptables you have gotten from me closed species or not.

Just a small reminder, as it is on most all my collab deviations, my tos stacks on top of any other species or artists tos by default. So pay attention to all tos involved.

Original Species Adopt Rules:

Species I own are: Amorapuffs, Adorawisps, Kitsumai, Caelestis, Coelestis, Luleryn, Puffit, Florion, Akatsukitsune, Mayonakami, Hosekitsami, GalaxyBabies, Teablossoms, Teabanes, Amorablooms, Galaxtea, Pateasseries, Galababs, Flufles, and any crossbreeds made within my species, as well as any past, present, and future species of the Property known as Aermerea/AermereaSanctuary/AermereaHaven. (Please also be aware there is a species TOS) (Some are private species but I am known to gift them)

Species I co-own are: Bloompuffs, Teru Teru Bozu, Kanjos, Ceros, Vaniwisps ( with @thestevieboy @AzraelVek )

Closed species adoptables are purchased designs that you can use to make your own character. You may name the character, create a personality and background information for the character. You may be able to make some small changes but please note me first before doing anything.

If you have permission to edit/alter the design you may not change the guidelines of the species you have purchased. (This includes species exclusive traits, they can not be changed)

The closed species must be credited to me when used or uploaded anywhere. If you resell, trade, gift, please link them to this TOS so that the new owner knows the rules and doesn't accidentally violate them. Please notify me when you resell, trade, gift, any of the adoptables you have gotten from me especially closed species.

I keep track of who owns my original species and most species have a group and registration list, some species have to be registered to sell, trade, or gift. Some species have to be registered, to level up, rank up, evolve, or take part in events. (Examples: Puffit, Florion, Teru Teru Bozu)

Toyhou.se Specific Rules

Due to some incidents in the past and feeling extremely uncomfortable with certain things. From this day forth (July 25th, 2018) I no longer allow the hiding of my characters/designs on toyhouse without a key. If you want to hide characters of my designs you must give me a key beforehand. You can message me at KizunaYui on toyhou.se This is for security reasons, as when you hide a character or put it on authorized only, apparently I'm not able to see it, or change how it can be traded. If you want to pull a character off toyhou.se after listing it please tell me. If you reupload it later these rules apply and I absolutely must be credited. Anyone found skirting this or violating it will be in violation of my TOS. They will be subject to the typical consequences of violating my TOS.

Payment Methods

All payments should be in USD via paypal or DeviantArt points (commission widget/ gift). (I do take mixed payments)

All PayPal payments should be made to my PayPal, which I can link you. (I am willing to do invoicing just ask.) Payments are due in full upfront unless otherwise agreed and stated (I have been known to do payment plans.)

Payments are to be paid within 48 hours after your request has been accepted unless discussed otherwise. If you do not pay in the allotted time and I don't hear from you the design will be put back up for sale.

Artist Rules

By purchasing my art, or rather my adopt you are purchasing my labor and only partial rights to a design. I retain all copyrights over my work. This includes but is not limited to: the right to distribute, reproduce or use the image as a sample for sales or self-promotion.

I retain all the rights to the Intellectual Property, but I will never reuse or resell the specific bought design for personal or commercial purposes. Designs can be and will be used for personal portfolios.

At any time I can change or add to the overall idea of any of my closed species.

Do not harass me to do your art, this will result in blacklisting Do not ask me to finish art before others ahead of you this will result in a warning then blacklisting

I have a priority fee you can pay that ranges from $2 - $10 based on commission and where I am at on it. This fee will bump you to the top of my list.

Buyer Rules

Buying my designs does not give you any right to trace any part of my original work for any reason anyone caught doing this will be blocked and blacklisted, and the design potentially voided or revoked.

The buyer may upload the work to other sites as long as it is credited and linked back to my site or page. You may use it for any personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes, and personal site display.

You retain partial rights to the work. You own the particular qualities of that character that exists in the world created for them. You may not claim the work to be your own or set it up for redistribution. You may not use my designs for commercial use, you may not use my artwork for commercial use. These designs are for personal use only.

You may trade the character for other designs or art, commissions, and so on as long as they follow these guidelines and TOS. You may sell the character for the same price you purchased it with. You may add to the value of the design if you commission art, you may also add value for your own art. But Gifted, requested, kiriban, prizes, or art trade-related prices cannot be included.

If you got my design for free; you may not resell the design but you are allowed to trade! No vouchers. Please remember to link the new owner to this TOS so they understand my criteria.

After payment is received: I will give you the full-sized, unwatermarked, signed image of the character.

The definition of purchase in this TOS also covers trading and gifting, as this TOS applies to any sort of transfer of my work.

If at anytime my TOS is violated in any way I have the right to revoke the design in full without refund as you have forfeited it.

Refunds

I don't do refunds of adopts, especially mystery adopts . If you buy a mystery adopt and do not like what you get you can not get a refund as I have done the work.

I can do refunds only if you paid for the work and I have not started it. If I have started your work, you will receive a partial refund back for what I have not finished.

This price will be calculated by me. If I have finished your work to the point it is in the shading stage. I will not refund you, as the piece is 90% done and you would only get 10% and it's just unnecessary.

Also refunds will be calculated by this equation. The amount I received from you after Paypal fees are where I start and then I take out how much the work is done.

Example: When you pay me $10 I actually only receive about $9.41 if I have finished half of your commission your refund would be half of $9.41 which equals $4.70

If at anytime my TOS is violated in any way I have the right to revoke the design in full without refund as you have forfeited it.

Also my to do list can always be found here: My Everchanging To Do List

NFTs

I do not in any way support or condone nfts, I never have and never will. Any of my artwork, including species, personal work, paid commissions, trades, gifts, adoptables, and anything else categorized as art under my name can not be an nft. Anyone found doing this will be blacklisted with no warning. Even if you bought the work it can not be an nft I do not give rights for my work to be made into nfts and I will not give rights for my works to be made into nfts.

Blacklist

I do indeed have a private blacklist as to not start trouble, I don't think it's necessary to name anyone publicly as it always causes drama. It stands to reason anyone on my blacklist on here or any other site is not allowed to purchase my art or adopts, or anything I have collabed on, anyone found selling my art to people on my blacklist will also be blocked and blacklisted. I am happy to provide the list to anyone privately.

Do not harass me to do your art, this will result in blacklisting Do not ask me to finish art before others ahead of you this will result in a warning then blacklisting

This document can and will be edited at any time without the need for further notice. Last update: August 17th, 2020 - (added species no other text has changed)