Mik'jesus's Ownership

🦈 Seaside Draws TOS 🦈

Hello. 👋

This section serves as the TOS for this account and the adoptable contained within. Before contacting me about purchasing something I have for sale please give this a read to make sure you understand the rules applicable to my designs and content. This TOS is present on all designs via the ownership page, permanently. 

04/23/2024 Update: 

PLEASE NOTE: Holding Designs

• While I do allow holds on designs this is a courtesy extended only to people who've purchased and paid for a design from me in the past.
•  If you do not have a track record with me, I do not allow holds.
•  If you are someone who falls into the category of allowed to request holds you can ask for up to two weeks ie. the usual span of time for a pay period. 
• I try to be understanding if something comes up but if you ask for holds and repeatedly don't pay or request further extensions more than twice, I will no longer offer them to you. 
• When requesting a hold please provide me with a date / day of payment. I allow for an additional day from that time to account for time zones.   

I will not be responding to comments on designs requesting their sale or hold. You must message me. Messages stay in my inbox in case of a problem. Whereas comments can be deleted by either party and post sale should be cleaned up to prevent confusion. For the sake of paper trailing designs I will require a message to request a hold or sale!

If you've set your characters to authorized or closed it would be nice for me to be authorized if you have my designs but it's not a requirement. You could also provide me a key for only those characters, again it is optional.

If you ever lose or misplace an artwork from me please message me, or change an icon and didn't save it. I rarely delete anything so I probably still have it.

Section 1:    Purchase, Trading, 3-Way Trades, Gifting, Re-Selling. 

1.1 Purchasing;

• My adopts operate on a first come, first serve basis. Whoever first provides me with an email for invoicing and pays, gets the adopt.  
  • As long as you have provided me an email and tell me which method of invoicing to use, the character will be considered an in progress sale.  
• Please inform me of what method of invoicing you want me to use; Paypal or Square.
• Please contact me via message with what you are interested in. 

•  Adopts purchased by me are allowed to be traded; both in General and in a 3-Way format. 
• General Trading: 
  • Swapping the design to another person for a design or character they have.
  • Value should be determined by whatever you paid + whatever was paid out for additional content. 
• 3 -Way Trading: 
  • Person A wants a Design of Person B, Person B wants one of my designs. Person A pays me for the design Person B wants, then swaps with Person B. 
  • I am more than happy to directly transfer to Person B if you tell me their screenname. As long as they are not on my black/greylist. 

• I do allow for the purchase characters as gifts. 
  • You may purchase as a surprise, either to transfer yourself or have me transfer it. 
• You may gift an OC you purchased in the past if you so desire. 

1.4 Re-Selling

• Designs bought from me CANNOT be resold.
  • Exceptions to this rule will not be made. 
  • IF YOU BREAK THIS RULE; I will not retract the character you purchased from you as it was purchased but you will be blacklisted from buying from me further and I will contact the new owner to inform them of your rule breaking / that they must respect the rule going forward.

Notice: This does not account for artistic variation in designs. Expecting totally faithful reproduction is unrealistic. The spirit of a design should be maintained but there is wiggle room for the interpretation of other artists. 

Notice 2:  I may restyle aspects of the character and re-design a similar design. It will not be exact match but there may very well be visual elements that carry over.

Section 2.1 What cannot be done 

• Designs you have purchased from me, cannot:
  • Be swapped or modified into another specie. Especially a closed one. 
  • Have their original sex/gender changed. 
  • Have excessive edits done to their base color scheme- for their skin tone, markings, eyes, etc. 
  • Redesigned into something that no longer resembles it's original form.
    • SPECIAL EXCEPTION: Designs done on my now retired Togruta base are allowed to have their upper horn design totally changed at your leisure/if you want too.  
    • SPECIAL EXCEPTION: Twi'lek's designs are allowed to alter the Lekku to be longer or shorter, as long as the spirit of the original design is maintained. 
  • You may not ever add mastectomy scars to a character I have designed to show the removal their breasts, nor may you add breast cancer to their story/design, nor have their breasts removed in any other format. I have personal experience with breast cancer and I consider these elements to be incredibly triggering as a result.  
    • You will be blacklisted if you do not respect this. 
      

• Accessories, outfits, and make-up can be re-designed as the owner desires. 
• Be changed to a different body-type. 
• Have minor additions made to their tattoo / marking layouts.
• Have piercings added or removed

• Because the nature of my bases results only in changes to the accessories, color scheme, tattoo design, etc- Designs made on bases, which will be indicated in their additional credit section on the ownership page can;
  • Have changes made to their accessories and and/or outfit.
  • Be changed to a different body-type. 
  • Have a 'face' given to them in the form of unique features. 

• No longer have canon. 
• No longer have their original name. [Some exceptions apply, it will be noted.]
• No longer have connection to my other characters.  
• These elements CANNOT be re-applied unless we're personally friendly. 
  • You are not purchasing a relationship or a story, only the design elements of the character. 

• I tend to be hands off about storylines or backgrounds or other elements you give to character from a personality and life perspective. 
• There are two small exceptions; 
  • The breast cancer caveat contained in Section 2.1 
    • and
  • Clone Designs, I have for Sale:
  • CLONE OCS PURCHASED FROM ME.
    • CANNOT.
    • I REPEAT. 
    • C A N N O T.
    • BE USED FOR CLONECEST / CLONESHIPPING.
  • This rule is firm and I will refund you, revoke the character and blacklist you if I find you've done so because this is a hard line of the  'I absolutely do not tolerate and do not accept allowing my designs to contribute too'.
  • This is written on every clone page in this section, their 'bio' at time of sale, and on the additional credits so you are made very aware and 'I didn't know' is not an acceptable excuse.

• I may directly color pick from older designs. 
• I always try to do a new take and color placements when I reuse a color scheme.

Section 2.? - Mini Mandos

Mini Mando designs that are purchased from me can;

1. Be made into a stand alone character 
2. Be used as an outfit for an existing character. 
   1. If you choose to use it as an outfit for an existing character you can delete the original character folder and re-upload the artwork to the character that will be 'wearing' it. 
   2. You must add me as the artist under the credit section! 
   3.  It cannot be added to a character that has re-sale value as I do not allow re-selling. 

Section 3:                           Artwork

3.1  -  No commercial use, especially in designs of species that are technically under the copyright of a commercial entity. 

3.2  Edits cannot be done to the original artwork supplied. Unless explicitly stated as being allowed. 

• This includes:
  • Adding your signature directly on the artwork or making additions to the original artwork in the form of accessories, scars, or other identifiable elements that you have expanded upon. 
  • No changing of colors on the original artwork. 
  • The only exceptions to these rule are; 
    • Cropping, adding stroke, or background to use the art as an icon is allowed. 
    • Incorporating the otherwise un-edited artwork into banners or other graphics associated with the character.
• Credit must be maintained on the artworks provided by me and the design itself.  

Design changes should be reflected moving forward. Not edited backward. 

While I try to maintain freshness to what I'm putting out there will be times where I borrow from my own work. I do tend to add additional elements to change it up so it's not a direct copy but I am adding this section for awareness;

• Designs made on bases that I have made for personal use may have elements recycled into other designs.
•  I may copy certain elements from one design to the next in the form of designing a recolorable base piece- such as hand poses, flowers, etc. but they will usually be edited or altered slightly in terms of coloring and placement from piece to piece.
• I reuse hands and arms a lot, no I will not stop. lmao. 

3.4 - Watermarking

• Please do not upload the full view, un-watermarked images to other sites  
• Maintain watermarks on the images to the best of your ability
• Please do not break the toyhou.se watermark on artworks unless you are providing it as a reference to another artist for artwork, in which case facilitate doing so privately or using keys on toyhouse. 
• Please do not change the graphic for the character you've bought from me to a full view and disable the watermarking of the image when you do this it allows basically anyone to save it and use it however they please.
  •  I try to make my signature unobtrusive so the buyer has a good quality image for themselves and use the toyhouse overlay in lieu of a larger watermark on the graphic not just for me but for the buyer to maintain a level of control over their character image. 

1. Custom Artworks can have value added to a character for sale for the amount paid. 
   1. Custom artwork is allowed to be 're-sold' if you were to sell the character, unless the character design was originally by me- in which case no reselling- only trades or gifting. 
2. Artwork of your OC can be used for anything including the commercial creation of products using the artwork, if you wanted to make stickers or other custom goods using it, but not NFTS or other crypto/blockchain technology or AI generator websites to manipulate the artwork.
3. You are allowed to do what you want with the artwork provided but you must maintain credit to me as the artist, this includes linking to Seaside Draws if you upload elsewhere.
4. Clean image(s), free of sample watermark, will be provided upon payment of invoice. 
5. Charge-backs will result in blacklisting and warning bulletins to notify the community. 
6. I take payment only after the artwork is finished, if you attempt to ghost me on payment I will alter the design and sell it as an adopt. 

• Art and designs made by Seasidedraws [Finnion] cannot be used in any blockchain related technology. This includes NFTs, cryptocurrency, or future inventions involving similar elements / in the space. 
  1. There is to be no association with NFTs[Non-Fungible Tokens]. Sold, Minted, Utilized, etc. in any format on any site. 

• Do not upload or use my works on websites that use AI to make artowrk, websites such as mimic, artbreeder, wombo, Dall-E, etc.  

• If you purchase (or win) a character who has NSFW content. Do not full-size the thumbnail graphic to openly display the NSFW content in the gallery. 
• Keep it cropped to show an area that does not feature the explicit nudity in accordance with TH rules or I will be very angry.

• You may not delete the original character listing and re-upload them. [Unless otherwise stated.]
• Please do not upload the full-size un-watermarked version of art onto other websites. 
  • If artwork is reuploaded please provide a link back to me as credit. 
• Collab base designs between myself and Khrysaetos support us both, I provide her with a portion of the funds from sale. They will not be discounted for this reason! 

Section 5:                  Blacklist

1. BeingRed - Chargeback. Returned the designs, made a huge pain in my ass, do not associate with. Do not gift, trade, or seek to buy my designs for them. They are forbidden from owning my designs going forward. 

Greylist: Do not trade or gift designs to them. 

1. Radiotriflux
2. SigiV/Floofypancakes
3. ChronosAstra
4. TechSexual/-LokisBrat-
5. Lilix