marlboro's Bulletins


Some updates

Posted 1 year, 3 months ago by marlboro

Hello, I hope everyone is doing well! Here are a couple of updates:

>All payments from now on will be required to be made via PayPal invoice links. This has yet to be fully tested, and will be reflected as a proper payment method once I can confirm it runs smoothly.
>Along with testing invoice links, designs in more experimental layout format will be posted. Any feedback on these are appreciated!  (posting my first chibi adopt along with this bulletin:)

61197932_L2vZ1g7bxSYwrSW.png

As a side note, I apologize for the long inactivity and that it'd likely stay this way in the near future ^^; running this account has enabled me the funds to further my academic studies and now that I have the ability to do that, my studies are what I would like to focus on first and foremost. Because of this, designs will be posted whenever I have the time to instead of on a weekly ~ bi-weekly basis like last year. I really appreciate all the support I've received, but I've decided to focus more on real-life endeavors this year.

Thanks for reading, and I hope you'll have a nice rest of February!

Blacklist (Last updated 16/1/2023)

Posted 1 year, 6 months ago by marlboro

Blacklist


•This is made public for documentation and reference purposes. Do not harass anyone listed below.
Do not trade or resell my designs to anyone listed below. I would also advise against buying my designs from the users listed below.
•Only users which I have personally had negative experiences with are publicly blacklisted. I do not publicly blacklist users unless it is a serious offence.
•Not all blocked users are blacklisted, but all blacklisted users are blocked. Attempting to get another user to argue in favor of your case will also earn them a block.


Users


Code by AviCode

CHANGELOG

(This log documents the three most recent updates.)

June 16th: Adjustments on commercial fee pricing + slight clarification to down payment
July 22nd: Addition to [1. General]: complimentary content, slight rewordings
Oct 15th: Revamped [7. Miscellaneous]: NFTs/AI-generated art now has it own sub-section

Before purchase and/or trading, please familiarize yourself with my adopt T.o.S. to avoid conflict in the future.
By adopting from me and/or owning one of my designs, you confirm that you agree with all that is stated below and will follow these rules during your period of ownership of my designs. When trading, please also inform the new owner of my T.o.S.. Neither do the owner's personal preferences, nor the T.o.S. of another artist's design(s) which my design(s) have been traded with can override the terms that are listed below.

You can find a link to this list inside the "Ownership > Design Terms of Use" tab of every design that was created by me.
Feel free to message me if you have concerns or questions regarding items that are not listed here. This T.o.S. will be updated periodically either in response to any questions I receive, or when I feel that an article needs clarification.


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1. General

  • Every upload of a character includes a minimum of two files: a watermarked .png preview of the design scaled down 50% (public preview), and an unwatermarked .png of the design at 100% size (viewable by owner only).
  • All designs are first come first served. I do not do holds. If multiple people happen to be interested in the same adopt, the person who sends the message first, DM or not, will be prioritized.
  • All listed prices are final. I do not accept negotiations on the listed prices of set-priced adopts.
  • Failure to pay or respond to my messages regarding payment confirmation within 48 hours will result in a block without notice, with the character in matter being relisted for sale.
  • No refunds will be issued once the transaction has taken place.
Regarding payment methods
  • Payments can be made via PayPal (USD) or Ko-fi (USD). As PayPal is the assumed default for all payments, please mention specifically if you would like to pay via Ko-fi.
  • If you would like to receive a PayPal invoice for your purchase, Please include your PayPal email address within the claim message.
Regarding PINGS
  • Pings can be asked via comment or PM for any design placed under a 48-hour payment hold. (designs placed in the pending folder)
  • Should the transaction fail to go through with the original buyer, everyone who has asked for a ping will be notified via a comment on the requested design.
  • If the transaction goes through with the original buyer, no pings will occur.
  • I do not have a pinglist for regular designs. Seeing as this is an adopts account, there are also no future plans for one.
Regarding payment plans
  • Payment plans are only allowed for single design purchases above $200 USD and must be discussed with me beforehand. A down payment (discussable) will be required for the arrangement to be set.
  • In the case where the buyer fails to pay for the payment plan in full within the discussed time period, there will be no refunds issued, with the character in matter being relisted for sale.
Regarding complimentary content
  • Complimentary content (raffles, extra artworks, etc.) are created and issued inconsistently as a token of appreciation. When and how these contents are issued are up to my discernment.
  • As its name suggests, all complimentary content I offer does not hold monetarily value whatsoever, and cannot be converted into USD resell value.
  • Any complimentary content I may offer of a design of mine outside of its purchase does not add any monetary value to the design itself.

2. Upon Purchase

  • Ownership of the design and artwork will belong to the buyer upon purchase, while I retain the rights to the original design as well as artwork.
  • Commercial usage is not included in the regular purchase of a design. Please refer to #6 for more information on purchasing commercial rights.
  • The character will be transferred to the buyer's toyhou.se account as soon as possible once the payment has been received in full.
  • Upon receiving the transfer, the buyer will be able to find the full-sized unwatermarked .png artwork of the design in its gallery, as well as any logos, symbols or patterns created during the design's creation that are unique to itself (if applicable).

3. Post-Purchase

  • The buyer holds full responsibility in keeping the digital files of the design safe. I cannot reissue files once the transaction has been completed.
  • You are free to change my designs at any degree as long as I am still credited for the original design.
  • Do not edit my artwork. If you would like to make visual changes to my designs, please draw new artwork of it.
  • I cannot provide the work files or do edits to any purchased designs, due to files being deleted once a design has been uploaded.
  • If you would like to convert my designs for a preexisting closed species' use, please inform me beforehand.
  • In the case of major changes done to a design and/or closed species conversion, please keep the original reference of the design (i.e. my artwork) within its gallery for future owners of said design.
Regarding Co-ownership
  • Co-owning is allowed but under the condition that 1) one person must keep the original upload of the character and 2) the fact that the character is being co-owned is stated somewhere in its profile with a link to the split profile, if applicable. (this can be placed in its profile contents, tabs, additional credits, etc.)
  • If the owners would like to split the character's profile, it would need to be [The original upload of the design with direct creator credit to me (marlboro)] and [A new upload by the other party, with credit to my toyhou.se url (https://toyhou.se/marlboro)]. This is to distinguish in-between the original entry where the sale was made and its copy created via co-ownership.
  • Split character profiles can be resold separately if the owner decides to transfer their part of the ownership, but only the copy of the design with direct creator credit to me will be considered valid for trade/resells at its full worth, should the ownership of the design be merged.
  • Regarding trade/resell, as long as my current T.o.S. rules (please see #4 and #5) are abided to, I do not interfere with how the character worth is split in between the co-owners.

4. Regarding Trade/Resell

  • Do not delete and/or recreate the character's Toyhou.se profile when trading. I will not approve creator credits for another entry of a pre-existing design.
  • My designs can be resold for its purchase price + price of any commissioned artwork of said character. This means art obtained from art trades, Art Fight, gift art or art the owner drew cannot be applied onto the character as monetary value.
  • Alternate versions (species, outfits) or different artworks of a design that are similar enough to be considered a "copy/duplicate" of itself should not be traded or resold as a separate design.
  • All monetary value of my designs dissipates post-trade. It cannot be resold for any reason even when traded with a character of different monetary value.
  • In the case where a design of mine obtained via trade gains commissioned artwork, the new owner is allowed to sell the design for the price of the artworks they have commissioned during their ownership of the design.
Regarding Raffles
  • Designs won via raffle can only be regifted to other users until it gains monetary value (via commissioned artwork). From there, it can be traded or resold for what it is worth commission-wise.
  • Raffle winners who are found attempting to sell or trade away the design without following the above rule or within a short period of time after receiving it will be blocked, as well as denied entry to any future raffle held by me.
  • Please PM me when you have fulfilled the above requirements and would like to resell/trade the design, so I can change the trade permissions.
  • As the winner is essentially receiving something of worth for free, please respect that I would like the design to not be treated as trade fodder.

5. Regarding OTA (Offer to Adopt)

  • All offers will receive a reply notification if they have been declined. (3~5 days if I am active, money only offers may take up to 1 week)
  • Declined comment offers will be deleted periodically.
  • When offering designs, the offering party should always send the character transfer first.
  • When offering artwork, a time period (~1 month) will be provided for the completion of any offered artwork. Failure to complete the artwork within the time period will result in a block, with the design in question being relisted for trade.
Regarding trade/resell for OTA adopts
  • All adopts obtained via OTA are trade only, unless the owner has paid USD for the design. The design can be resold strictly for the amount of USD originally offered.
  • Likewise, value of the artwork the owner originally offered to obtain the design cannot be translated into USD resell value for the design.
  • In the case where an OTA adopt has been obtained by USD only or autobought, they should abide by my regular trade/resell rules instead. (please see #4)
  • The starting point of discussion regarding commercial fees for OTA adopts is $100 USD. For more details, please see #6.

6. Regarding Commercial Usage

  • Commercial rights usage can be purchased for a design starting from the claim message where the design is bought. From there, it can be purchased whenever the owner pleases during their ownership of the design, until the end of their period of ownership, which is when the design is traded/resold to another person.
  • All intent of commercial usage should be discussed with me beforehand. A commercial fee will be discussed depending on the range of commercial activity the buyer would like to use the design for.
  • When the commercial usage of a design is purchased, all rights to the design and artwork will be transferred to the buyer, whereas I should remain credited for the original artwork and design.
  • Commercial rights can be transferred fully to the next owner when resold/traded, but the new owner must be informed of the range of commercial rights they have access to by the previous owner.
Regarding Commercial Fees
  • The starting point of discussion regarding commercial fees is the design's selling price x 2. This number will increase or decrease depending on the total range of rights the owner would like to purchase.
  • An unlimited range of rights can be bought for the design's selling price x 5. This includes the rights to use the design as a Vtuber identity, self-publication and/or advertisments (physical/digital), unrestricted merch publishing and more.
  • Payment plans for commercial fees can be discussed, but a down payment (discussable) that can cover the initial price of the design in full must be placed beforehand.
  • The agreed-upon commercial fee must be paid off in full before the design can be used for any type of commercial activity.
  • In the case where the owner fails to pay for the commercial fees fully, refunds will not be issued. Depending on the situation, I will decide whether commercial rights should be issued or not. (partial or none)

7. Miscellaneous

  • I am free to decline my services to anyone in the form of an account block, but this is usually due to the customer's failure at following my Terms of Services.
  • I do not block people without reason, and previous blocks cannot be appealed regardless of the other party's reasoning.
  • Failure to follow my T.o.S. will result in consequences such as a block, public blacklisting, as well as any related conversations or screenshots documented for future reference.
  • Issuing a chargeback post-purchase will result in serious consequences, including but not limited to all that is listed above.
Regarding NFTs and AI-generated Art
  • In general, I do not support NFTs (non-fungible tokens) and AI-Generated art produced without the consent of the artist whose works are being fed to the AI, nor do I consent to my artwork/designs being used as fuel for these products and programs.
  • My artwork and designs, whether purchased by an entity or not, cannot be used in any NFTs and cryptocurrency related product and/or event. This includes and is not limited to the production of these products, the placement of these products onto blockchains, the advertisment as well as the transaction of these products.
  • My artwork and designs, whether purchased by an entity or not, cannot be used as feed for AI art generators, nor be used as a base to produce AI art.
  • Do not attempt to find loopholes in my words to bypass any of the terms stated above. My dislike of and intent to not support NFTs and AI-Generated art without consent has been made clear.
Misc. Contact
  • I am only active on this account during weekends or when new designs have been posted. If there are urgent matters, please email [email protected].
  • As a side note, my personal Toyhouse account is masonjars. Please do not contact me there regarding transactions on this account.

Code by AviCode