DESIGN T.O.S

Posted 1 year, 11 months ago by mzmn

importing these from my deviantart journal.

Journal updated: sep 22nd 2019

By owning one of my designs (obtained via trade, swap, sale, and any other form of exchange)
you agree to these terms and have the responsability to follow and respect them.

The terms of service protect both buyers and sellers from scamming and thieves: in order to build a safer community and to respect the artist's work, you are kindly invited to respect these simple, easy rules. If you think you can't follow them, please, don't pruchase designs made by me. these rules apply to all designs, be them new (created after the journal) or old (created before the journal).

__________________

TERMS OF SERVICE

If there's any further question after carefully reading all the rules, you're welcome to expose your concerns to me.

✦ ✦ ✦

OWNERSHIP AND GENERAL RULES

   1.0 - Ownership is effective only after the payment (money/goods transaction) has been completed.

   1.1 - All designs should be submitted to the masterlist (deviantart.com/MionsList) for better administration of all designs. This step is crucial in order to notice if any scamming or thief is being done behind our and your back: please, check the interested design's actual owner in the masterlist's submissions before buying it from someone. This rule is obsolete. While if you can you should still submit designs to the masterlist, due to inactivity it's best to credit me in the designer field here on toyhouse.

   1.2 - Twin / clone characters (same or minimally different design, mirrored design, etc) must be owned by the same person.

   1.3 - Crediting me (oncha/mazamuno) as the design creator is mandatory.

   1.4 - Under no circumstances you're allowed to apply your own selling rules on one of my designs. This means that rules and duties such as "the characters must only come back to me in case of selling", "do not sell to this specific person".
Please, be aware of sellers and users who ask said things.

   1.5 - Do not steal, fully or partially copy, recolor, clone, or heavily reference any of my designs.

   1.6 - After a design is sold, i delete every trace of them and take no responsability in whatever happens during third party sales: please, do not message me months or years after the design has been sold to track old art pieces, cause i do not keep them anymore.

__________________

EDITING AND TWEAKS - updated 09/22/2019

   2.1 - Any edit to my designs is fine (be it gender, name, colors, markings, clothing, age, backstory) as long as the design is still recognizable. Even after edits are made, character must still be credited to me as the original designer and you (the owner) as the re-designer (or designer of the version you're actively using). Do not draw/edit my art itself, unless my permission was given (to you).

   2.2 - Avoiding creating twins or clones of my design is preferred in order to avoid possible clams and confusion when the character will be sold. If twins are made, they shall be sold together as one.

__________________

SELLING AND TRADING - updated 09/22/2019

   3.1 - A character can not be sold or traded for more than its worth*. Exceptions may present in case the buyer willingly offers a higher amount to get the design (ex.: "offer to adopt", acutions, and similar circumstances); the buyer must be aware of the real value of the design, which will always be specified by the seller in the place where the sale occurs.

   3.2 - The previous rule applies to any form of payment and trade, wether it's art, money, points, characters, physical or virtual goods.

   3.3 - Do not harass design's owners to sell, trade or gift you any designs if they are not up for offers.

   * worth: a design's worth is the sum of the amount you spent to buy/get them and the total worth of self drawn, commissioned art or art trades (a.k.a.: the amount you spent - money or art wise - on that charachter). This is the worth the seller must specify when selling the character, and the one the buyer must be aware of when considering to buy.

__________________

RULE BREAKING AND BLACKLIST - updated 09/22/2019

   4.1 - Willingly breaking any of the rules will cause you to be blacklisted, meaning you will not be able to get any more designs by me from the blacklisting moment.

   4.2 - Under no circumstances you're allowed to ask or beg to be removed from the blacklist. If anything concerns you or think it might be a mistake, you're more than welcome to message me.

   4.3 - If a blacklisted user is getting caught buying one of my designs after getting blacklisted, the character will be given back to the previous owner with or without refund depending on the situation. Every blacklisted user is directly tagged and privately messaged of being blacklisted and is well aware of their status: breaking rules again after knowing to not being able to obtain any of my designs makes them fully responsible of their actions.

   4.4 - It is everyone's responsability to be aware of the blacklisted users: if one's got caught by selling or giving a blacklisted user one of my designs, they will be messaged regarding the situation and the status of said person. If no action is taken on the situation, or if there is no will/desire to remedy, said user will be blacklisted as well for not respecting the blacklist.

   4.5 - Getting blacklisted is my professional choice; the purpose of the blacklist and of the Terms Of Service journal is to create a safe selling and trading community: if one individual is considered dangerous for it's personality or behavior to the artist's rights and content - such as having recent issues with ripping-off behaviors, thieves and breaking rules purposefully or repetively - they can be blacklisted as well.

__________________

BLACKLIST

1. Lamb-Sauce / Trickems / pinkcollars | blacklisted on 14th September 2017, previous and future accounts
2. @Zixuu | blacklisted on 29th April 2019, previous and future accounts. [SCAMMER ALERT]

Comments


heya!! i hope this is alright to ask here but i was wondering if you could change the perms on this character!
https://toyhou.se/1537197.ufo

done!

This user is not visible to guests.
This user is not visible to guests.

done!

If the characters are two different designs (aka. they were twins from the beginning, sharing some differences even if very few), they can be separated, yes! If the characters however were made as one design at the origin but have been split in two identical twins (let's call them clones), i'd prefer not, sorry!

This is to avoid mistakes in the future, i'm sorry!

This user is not visible to guests.

Hello :>

Hope it's okay to ask here,

Do you allow your designs to be put into a closed species as long as design credit is still yours? o:

(Thinking of potentially turning a design from you into a chimereon, a nose horn would be added and the tail will be curled, rest of design will be the same though and the original design/art will still be kept + never seperated from the cs version) 

Hi there, thank you for asking ! Answer is yes, absolutely - feel free to ! If with the species transferral the design changes over 50%, no credits are needed.

uhh not sure if you're aware/endorsing this, but i wanted to check since this person messaged me to look at their adopts, which... seem like they could be stolen?

they credit this design, which they were selling as an auction, to you: https://www.deviantart.com/yufemi/art/OPEN-Your-sweet-little-imp-boy-872984023

just wanting to inform you in case you were not aware? i'm not sure if they're the original owner or the original price, so i'm not sure if they outright stole or were trying to upsell or what

hi there, thank you for telling me! I don't recall ever drawing this design, but if i had to assume i think they meant they got the Base and not he design! i'm not sure tho! ;; i seriously don't think this was a design i made, they might just be a non english speaker and mistake the two words tbh

This user is not visible to guests.

ye!

This user is not visible to guests.

hi there! the mionslist is on deviantart at deviantart.com/mionslist , but i'm not sure it's being continued as i'm not a mod there! i copy pasted this from DA so i apologize for any mistakes.

This user's account has been closed.

Not really, because people tend to avoid crediting the designs and/or don't care to search for my username on there. not all my designs are on here; some are private aswell, so they do not appear if you browse or use the search tools. Some people duplicate character pages when co-owning and that makes it difficult to administrate when the character is sold. Same for "twins". the masterlist was made because there were a decent amount of people stealing and reselling designs so it was a more official page to keep track of the designs and their owners. With inactivity it's become non-mandatory to upload them on the masterlist (which i'll update here), but this should mean that people should put more effort in crediting where it's due.

This user's account has been closed.

That's the reason why i don't want to put that rule in the T.O.S; i can't control what people want to do with their characters after they're bought and many people prefer to have their characters on private because thieves can browse a character's gallery and steal images. On deviantart, only the original/sale image of the design would be uploaded (cropped on the face) so the buyer and owner would be protected from thieves in case they wanted to have their character on private while still keeping track of who the real owner was, when the last trade occurred, and where the design was at the time (even if people couldn't see it if privated). these rules were never meant to dictate what one should do with the design, but were made in trust of people's common sense on respecting one's work.

At the time i made these rules i was way more active on deviantart and people didn't use toyhou.se much, so these problems didn't occur that often since everyone had characters stored on sta.sh. I'll have to refresh these rules a little bit now that things have changed!

And no problem about pointing stuff out, really - thanks for the insight if anything! I don't use toyhou.se or deviantart much so it's still difficult for me to manage things here and there.

2 Replies

Hi! I have a little question! I hope you don’t mind me asking but do you do customs?