THESE ARE GENERAL TERMS OF SERVICE FOR ALL CHARACTERS PRESENT IN MY TOYHOU.SE AND OTHER SOCIAL MEDIA ACCOUNTS. THE FIRST SECTION DISCUSSES ADOPTABLES BEING SOLD BY THIS ACCOUNT AND THE SECOND SECTION REFERS TO CHARACTERS IN THE NOT FOR SALE FOLDER.

Terms of Service Applicable to Adoptable Designs

Introduction

• If you are seeing this now, then you just found yourself reading Inkellman’s Terms of Service. This will serve as your guide as to what you will be permitted to do with characters and designs I [Inkellman] have created (or collabed to create) along with how my services work. The word “artist” refers to the seller in this specific circumstance. Customers are referred to as “buyers.”

Purchases

• By making a purchase of the artist's designs and other concepts, you agree to buying digital products, and no tangible items will be shipped to you for this very reason. The products themselves will be sent to you (via email/social media/toyhou.se) as .png files. They may have a simple background, a white background, or a transparent background. Thus, should payment be made via PayPal, you agree that there will be no chargebacks from a lack of tangible product. Toyhou.se transfers are prefered, but for those who have no toyhou.se, proof of the transactions will be preserved.

Refunds

• There will be no refunds upon purchase of pre-made designs. 
• A refund can be requested for customs if the artist fails to finish it within 30 days of the transaction.

Prohibited Uses

• You may not use the artist’s designs to encourage hateful agendas against a group of people whether this be based on their race, sexuality, religion, etc. Satire is permitted.
• You may not use the artist’s designs to promote illegal activities such as exploitation of real, living, breathing people. (e.g. using the characters to groom real life minors/underaged users of a website)
• Character revocation will not happen when a buyer uses a design for prohibited uses; however, other consequences will apply which will be further explained in the blacklisting section.

Intellectual Property

• The original artwork of the design remains to be the artist’s property and can be used by the artist for self-promotion whether this is through advertisements or portfolios. Usually this will be Inkellman, but collaborations or selling on behalf of another person may happen.
• Unpurchased designs are also a property of the artist. You may not use them commercially. Although, you are permitted to create artwork of them if you wish.
• The character design is the property of the buyer upon purchase. This provides the new owner with the following benefits. 
  • The permission to use the design as they see fit as long as it does not violate the rules regarding prohibited use whether this is through artwork, music, literature, video games, etc. 
  • Personal rights to the design (examples: roleplays and fanfiction) 
  • Commercial rights to the design (examples: webcomics, merchandise, and animated web series that may earn the buyer revenue through projects that include the design)

Limitation of Liability

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  • THE ARTIST SELLING THE CHARACTER DESIGN IS NOT LIABLE FOR HOW THE DESIGNS WILL BE DEPICTED BY THE BUYER AND NO CONNECTION SHALL BE MADE BETWEEN THE TWO. FUTURE DEPICTIONS OF CHARACTER DESIGNS OF ANY KIND MADE BY THE BUYER WILL SOLELY BE IN CONNECTION TO THE SAID BUYER.

Blacklisting

• In respect of the buyer’s intellectual property rights, no character revocations will happen should the terms be broken; however, other consequences such as blacklisting will apply.
• When you are blacklisted, you are no longer allowed to buy designs from the artist or obtain other services such as commissions, collabs, trades, etc.
• Should the buyer's activities be deemed dangerous enough, the artist will issue a warning against the buyer to the audience, telling them to avoid or report the person to proper authorities.
• Spamming the artist will result in a block.

Acknowledgement

• By making a purchase of the designs, the buyer agrees to these terms of service.
• The buyer also makes sure to review these terms to see updates in this TOS.

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Terms of Service Applicable to My OCs (NOT FOR SALE Characters)

Introduction