very new very cool TOS

Smily

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Created
10 months, 17 days ago
Creator
Smily
Favorites
11

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(Last updated: 12th July 2023)

Welcome to Smily's Terms of Service! Please read the following rules carefully and thoroughly in order to prevent yourself from getting blacklisted!

Section 1 - Regarding transactions with me 

This section will cover rules regarding buying and trading my adoptables from me.

1. Civil bidding and trading!!

Lets generally keep a civil process of the bid. No harassing and bullying and keep the bidding process to just bidding. Please report to me if someone harasses you for participating in my bids and I will blacklist them!

2.  On payments, please add a note stating your toyhouse name in paypal!

Or if you forgot, please leave a comment or dm of your paypal name so I'll know!

3. Don't ghost!

There's absolutely no penalty in inform me before backing out! Ghosting me will result in getting blacklisted.

4. Bid clearly!! Don't bid in ranges

Please don't bid in ranges bcs honestly idk what to charge you when you win. Just bid with one value please!

5. Holds and backing out.

I can do holds for a maximum for 2 weeks and it must be done with a 25% upfront payment! This upfront payment will not be returned if you fail to pay or if it has been over 24 hours after you place the hold! Canceling holds will result in you not being able to hold again for the next five adopts i post!

Section 2 - Regarding owning my designs.

This section will cover rules regarding owning and customizing my adoptables!

1. Ask me before changing my designs!

I am far too bothered (busy walking around the forest with scaramouche on c.ai for the 69th time) to explain all of my boundaries here. I'm fine with color palette, removing/adding accessories, changing species, etc, etc as long as it isn't problematic, you dont need to ask. However I'd be very much delighted if you inform me i am interested in seeing the redesign (genuine interest) and i'd shower you with much praise and love (genuine).

You should ask tho if you want to change like the skin color or like race since it's a touchy subject.

2. Don't monetize my art and designs!

My arts and adoptables are not for commercial uses. Please discuss it further with me if you want commercial rights! Any way you use my arts and designs for your monetary benefits will get you banned <3

3. Don't use my designs to promote or glorify social injustice.

Do not use my adopts to promote/ glorify / commit actions below, such as:

  • Homoph*b*a, Transph*b*a, or anything against the LGBTQ community
  • Harass, bully, threaten others under baseless assumptions you made for a certain group of minorities.
  • Rac*sm, able*sm, sex*sm, and other prejudices.
  • P*d*philia, Zooph*lia, Fetishizing lgbtq+, r*pe and idk whatever illegal fetishes there is.
In clarification of this rule, i am absolutely fine with you writing my character as a p*do, r*cist, hom*p*be or whatever stated up there AS LONG AS THE ACTIONS ARE VILLANIZED. I am not fine with glorification of such harmful actions. Making those degenerates look cool is not cool!


4. Don't use my designs for proshipping.

I am personally against proshipping (shipping characters in an incestous, pedophilia, or other problematic ways like power abuse or toxic relationships,). Please don't use my adopts to proship and please block me instantly if you proship <3

Although, same thing as number 4, I am fine with this existing (for example, the oc being abusive/abused partner, having a p*dophilic relationship, etc) AS LONG AS THE ACTIONS ARE VILLANIZED like as long as you dont do a cardcaptor sakura like its fine as long as you don't romanticize/sexualize being abused n stuff. Abusing power is not hot    



Section 3 - Regarding transactions with others 

This section will cover rules regarding buying, selling and trading my adoptables with others!

1. Don't sell my adoptables for a higher price than the original price!

Unless with added art, please carefully look at the original price and warn me if someone is trying to sell my adoptables with a higher price. I will lovingly ban the person for you <3

You can add prices from commissioned pieces + value of arts you made on your own if want to give it value. I have no rules for the value. It is your responsibility as an artist to properly give value to your art and a trader to be wise on trades. 

2. Don't trade to the accounts I blacklisted.

this one is simple and straightforward so im just gonna ramble about scara until it looks like 2 lines. I love him dude i love scara so much that i honestly feel physically sick (nauseous) from just looking at him sometimes (not exaggerating). He's just so gut wrenching and lovely looking. you can tell im sick of writing this tos. anw you'll obvi get blacklisted if you trade to a blacklisted person duh.


Section 4 - Regarding personal boundaries

This section will cover rules regarding my own boundaries with my arts and designs.

1. Copying my art style is okay.

My art style is constantly changing and growing as I figure out how I like to draw things and I won't have a stagnant art style, As long as you don't impersonate me with my art style, I won't mind.

2. Using my adopts as inspiration is okay, color picking is okay, BUT...

Please ask the respective owners for their opinions on it too. I take my inspiration from multiple images on pinterest and I'd sometimes use color palettes from random images so i'm very okay with this.

3. Tracing, stealing, removing watermarks, heavy referencing (exact same shirt, clothes, hair style) is NOT okay.

I won't mind tracing for personal use (practice) though but please be sure to credit me if you upload it AND ASK the respective owner if they're okay with that traced art being uploaded!!! the rest will get you blacklisted instantly i fear <3 AND YES feeding my art to ai is stealing and i will squash you with a giant robot if you do that!!!

4. Dont be rude to me <3

Generally, I'll just block you if i don't like interacting with you because i can. You won't be blacklisted and still can buy my adopts from others but yeah i'd like to keep my peace ty.

5. DNIs

Proshippers, Racists, Homophobes, Pedos (ill expose ur ass before blocking u pedos), ableist, etc u know the basic dni criteria

Section 5 - Regarding Commercial rights

1. Pricing!
The commercialization rights of my designs are based on the base price of the design, aka the initial price that someone first bought it from me. Basically it's the price written on the first transfer!!

image.png

The rights are as following:

Base price

Rights
Equal or more than 0$No commercialization rights. You only have rights to to use the design as personal use only!* 
 Equal or more than 25$ Rights to use the design as any indirect way to support business that provides goods**. This means using them as logos or mascot on your product or to promote your product.
Equal or more than 45$Rights to use the design as any indirect way to support business that provides service. This means using them as logos or mascot on your product or to promote your product.
Equal or more than 60$ Rights to create merchandise*** with the design.

* = Pfp, oc, collection, sona, etc! Basically ways that wont help you earn money and its not used for the sake of your business. 
** = Meaning that your business sell physical or digital, produced objects that is not based from my design
*** = This merchandise can be based from my adoptable! Keychains, twitch stickers, etc. Basically any goods, digital and physical, that you sell that is based from the adoptable.

If you want to purchase the commercialization rights, all you have to do is to up the initial price to the minimum price of the rights. For example, if your adopt is bought for 35$, regardless of who bought it first, and you want to use the design as a mascot for your youtube, then you just have to pay 15$ to me. the initial price will also be changed in the ownership log! ^^I will ask the adopt to be transferred back to me and I will transfer it back to you to add a note that the initial price has been changed!^^ Please DM me to go through this process!

2. If you do use my design for your business, you do not need to credit me as the designer but you cannot claim anyone else as the designer. However, you may credit me if you wish.

3. Ab tickets value is counted as 0$. If the design you wish to give commercialization to is bought with an ab ticket, i will give you the ab ticket back with no expiration date.

4. More definition and examples on goods, service and merchandised products!

Thingy sold
Thingy's group
Mascot for Youtube/Tiktok/Twitch/Etc
Service
Products based on certain parts of the design (Ex: Cookie with the design's face, Specific accessory that belongs to the design.) (Excluding: Any basic thing related to the design, like color palette, hairstyle, etc)
Merchandise


5. More on defining personal use and business use, you need to have a name for your business (or account name works too) for it to be business and the intent to promote your business to gain more money for it to be business use. Otherwise, it's personal use. More cases just to give you a clear example!! also im out of ideas you can dm to ask 

Situation
Personal?
Business?
Youtube/Twitch/Social Media Mascot (Like used on minecraft skins, roblox skin if you're a gaming channel or Vtuber design. Or maybe it's a cartoonized version of yourself.)As long as you don't have monetizationIf you have monetization
Using a drawing/design of mine for a pfp for your adopt selling account or other acc that you use to sell things.Very!!Nope
Using an art that you made of the design for your commission portfolioIm not crazy. Yes. Of course.nay

That's all! Thank you for reading and I hope that was a clear explanations of my boundaries! ^^