PSA: OMUKADE/KlLLEROUS [Double Selling] 11/8UPDATE

Okay, so first! While I was writing this PSA, I ended up being approached by a few different people who informed me that they themselves, or others whom they know, had also experienced issues with this designer. However, I'm going to try to keep this PSA clear, concise, and centered solely around my personal experiences. If you have your own stories to tell and your own receipts, I welcome you to add on to this PSA with comments.

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Who: OMUKADE
Other Accounts: OMUKADE on DeviantArt [account largely wiped], EDAKUMO [abandoned] & OMUKADEART [deleted] on Twitter, KlLLEROUS [with a lowercase 'L' instead of an uppercase 'i'] on Twitter
When: Time stamps will be provided for each step of this- the whole mess started in 2019, and is currently ongoing
What: IN BRIEF: re-wrote their TOS in April of 2020 to add a 'design take back' clause, immediately after making a public post expressing seller's regret WRT already sold designs. Added me to the blacklist without notice, then blocked me. Recently re-uploaded a design that they previously sold to me. As of latest update: 4 or 5 [so-far] proven instances of double-selling adoptables, and failing so-far to properly compensate aggrieved parties.
Updated On: October 8rd, 2022, 12:30pmEST - YET ANOTHER IMPORTANT UPDATE

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BACKSTORY:

I acquired my first design which had been made by OMUKADE on February 18, 2018, from a user who was able to resell them as part of a TH purge. At that time, I became a follower of theirs on DA, and an admirer of their design work. I commissioned them for a set of 5 on-base head shots in August, 2018, and I was very happy with the results! I then went on to purchase Lydia on February 4th, 2019, and then LEX [the design involved in the core dispute of this PSA] on February 11th, 2019. After that, I purchased Murdoch and a set of Triplets as part of an OC sale, on April 7th, 2019.

SCREENCAP OF MY OMUKADE-MADE CHARACTERS + prices/acquisition dates
SCREENCAP [with IDs obscured for privacy] OF MY FULL PAYPAL HISTORY WITH OMUKADE

On May 9th, 2019, I ordered and paid for a $50 Half-Body commission from OMUKADE. THIS was the image used as the example of what half-body commissions looked like, and although I was paying for flats rather than full-shading like that shown in the example image, I anticipated a similar level of execution. On May 24th, 2019, without having received any WIPs beforehand, I was given THIS finished image. After expressing my dissatisfaction with the commission results, and receiving a hostile reaction, OMUKADE gave me a partial refund without first confirming that I wanted to receive one, and notified me that I was no longer welcome to order commissions from them. I WAS NOT INFORMED THAT I WAS IN DANGER OF BEING ADDED TO A BLACKLIST, nor that I was barred from buying or trading for any more of their designs.

SCREENCAP OF THE CONVERSATION VIA NOTES ON DA [taken at the time of this dispute]
NEWER SCREENCAP SHOWING THE TIME STAMPS ON OMUKADE'S REPLIES

Although this was an unpleasant interaction, I continued to follow them on DA and TH because I still enjoyed their work. We did not interact after this screen capped correspondence, I was not informed of any ongoing issues, and I was not blocked on either platform. I acquired my [Not Yet Named] Isekai character on October 7, 2019, and neither myself nor the person who traded the character to me received any notice with regards to a blacklist.

On April 4th, 2020, OMUKADE made this journal post, titled 'BUYING BACK OC'S/DESIGNS I SOLD!!' The entry linked to a now-deleted Sta.sh folder full of designs which OMUKADE had previously sold, and was looking to re-acquire.

Stash Screencap 01
Stash Screencap 02
Stash Screencap 03
Stash Screencap 04

On April 5th, 2020, the very next day, OMUKADE made a journal entry entitled 'REVOKING DESIGN USAGE INFO.' It was on this day that I found myself blocked*, despite having seen journal entries and status updates as recently as the day before. [* At the time of this conversation, my recollection was incorrect when I said that it had been 'more than a year' - it had in fact been just under a full year since we had last spoken.]

It was at this time that, when my friend checked the TOS to find out what the 'Revoking Design Usage' update might have been about, we discovered for the first time that my name was on the Blacklist, along with 38 others. After a user commented on the April 5th addition of a 'Design Take-Back Clause' to the TOS, criticizing OMUKADE's choice to add such a clause to their TOS, and after some hostile reactions to that criticism, they then posted an even newer version of their TOS.

THE FULLY UPDATED TOS AT THAT TIME, MARKED AS UPDATED APRIL 5TH, 2020
OMUKADE'S STATUS UPDATE REGARDING THE FINALITY OF THEIR DECISION TO ADD THE TAKE-BACK CLAUSE TO THE TOS, STATING THAT 'Every rule on my T.O.S. has been updated with new info or changed info'

Having never been contacted about the addition of my name to the Blacklist, having been blocked on DA, and frankly, because OMUKADE's interactions with me and all of these other DA users had been so hostile, I decided to just mind my own business, and at MOST, keep an eye out in case OMUKADE made any attempt to execute their take-back clause, despite never having spoken to me about the TOS updates or asking for my renewed agreement to it.

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NOW:

Fast forward to night time on September 14th, 2020. While browsing random characters on TH, I happened to come across a familiar face. It appeared that OMUKADE had created an updated reference sheet for LEX, whom they had sold to me on February 11th, 2019, and posted them as a new character in their ownership, effectively stealing my character.

OMUKADE'S UPLOAD - A CHARACTER NAMED 'RIAN,' CREATED ON JULY 16th, 2020 + Design Image 1 [taken from OMUKADE'S Twitter to show more clearly] + Design Image 2 [also taken from Twitter]

On September 15th, 2020, I sent a note to OMUKADE asking her about the design, and just after midnight on the 16th I received a response which appears to allude inconsistently to either an invocation of their take-back clause, passing of blame onto me for having my account blocked on DA, or acquisition "via money, trade and/or [gift]" through an unnamed third party scammer. OMUKADE also admitted that Rian "is indeed that [same] char," clearly indicating that this is not simply a near-identical new character, but the exact same character that she originally sold to me. 

I asked for proof of the alleged acquisition from this third party scammer, and received a reply that did not include any proof of such a claim. I asked, once more, for proof of the alleged resale, and in the late hours of the 16th, OMUKADE's final reply to me was a simple refusal to provide proof. Rian, whom OMUKADE has now acknowledged to be a stolen character, is as of this posting still uploaded to their TH.

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IN SUMMARY:

Although I was never formally told that I was on her Blacklist, never asked to renew my agreement with their updated TOS, and received neither a request to return this design nor an offer of a refund for their return, OMUKADE has created a new ref sheet for an OC that I purchased from them, has uploaded it to at least Twitter and TH, has acknowledged that the character was stolen from me, and is continuing to use it as their own design.

I am not yet sure if they have done this to other former customers of theirs, but I felt it was vital to warn other users to be mindful when interacting with them, in case 1: they too have ended up on OMUKADE's blacklist [which now includes 44 names] without having been informed, 2: they too discover that the records of their design purchases have been purged from OMUKADE's 'Sold Designs' Sta.sh, effectively obfuscating their ownership history, and/or 3: they're unaware of the no-refunds take-back clause in their TOS, and the possibility that OMUKADE will implement it without warning.

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★ UPDATE September 17th, 2020: OMUKADE has deleted the stolen character. They have also changed their TH profile to announce that they are "Never on Toyhouse, only twitter" and "Deleting [their] dA account." OMUKADE continues to allege that a third party scammer was responsible for the theft, but as of this Update, has not provided any proof of this claim. THE IMMEDIATE ISSUE REGARDING THEFT OF MY CHARACTER HAS BEEN RESOLVED. However, this PSA will remain unaltered so that past, current, and future customers of OMUKADE may have the opportunity to better inform and protect themselves.

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★ UPDATE September 18th, 2020: For anyone who was unable to see OMUKADE's comments on this thread before she deleted them, as well as the items she provided as rebuttal, I am including screencaps that were provided by various TH users. I am including these screencaps both so that OMUKADE's words may be allowed to speak for themselves, as she initially intended these to comprise her defense, but also because I do not want anybody to have to rely on hearsay or potentially biased second-hand accounts of what was written.

OMUKADE Comments 1 and 2 [shown within the thread of conversation for context]
OMUKADE Comment 3
OMUKADE Comment 4

Here are sceencaps of the Google Doc containing OMUKADE's statement, as well as screencaps from the Stash link provided by OMUKADE

Google Doc 01
Google Doc 02
Google Doc 03
Archive of OMUKADE'S Stash link

I responded [with ping] both to OMUKADE's comments, the contents of the Google Doc, and OMUKADE herself in a comment on this thread. However, on advice from a fellow TH user concerning the likelihood that OMUKADE may be unable to see my response due to the 'Never on Toyhouse, only twitter' message currently in their TH profile, I copy-pasted the portion of my comment that was written as a direct response to her into an e-mail, which I sent to her on September 17. At some point during the night between September 17 and September 18, I received a response from OMUKADE, which included more references to a third-party scammer whom she claims to know personally as a friend, but whom she also now claims to have been blocked by. OMUKADE provided 'proof' in the form of a RAR file titled 'screenshots' which appears to be either damaged, or empty.

A screencap of the e-mail correspondence.

At this point, although the immediate issue concerning the theft of my OC Lex has been resolved, I felt that it would be important to include this information. Although the design was definitely stolen, and almost certainly by OMUKADE herself, I feel that OMUKADE's continued response to the theft and continuous deflection onto the commission issue are reflective of a larger pattern of blaming others, and avoiding responsibility.

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★ UPDATE September 18th, 2020 - Part 2: After four days of refusing to share proof of the alleged scam by a third-party, starting fights in the comments of this PSA, posting and then deleting a Google Doc and Stash folder dedicated to a subject unrelated to the theft around which this PSA is centered, declaring her departure from both DA and TH, and then having to be reached by e-mail for a response, OMUKADE finally provided me with screencaps [saved to my own stash, in order to ensure that they will not be lost or deleted] that appear to prove a third party scammer.

E-mail correspondence with OMUKADE surrounding the screencaps provided

As of this date, OMUKADE alleges that they were scammed by their friend, 'KikiLove / Kiki-Loves / KichiLove / Kichi-Loves.' However, neither myself nor the people who have been responding to this thread have been able to locate any online profiles for 'Kiki,' and due to the ease with which one can create fake screencaps of Discord conversations, it is up to the reader whether or not OMUKADE's allegation seems feasible.

Given credible proof of at least two instances of double-selling that were uncovered in the comments of this thread, it seems possible that rather than having been scammed, OMUKADE may have either bought back or traded for a design which she had previously double-sold to both myself, and the named third party.

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★★★ UPDATE October 3rd, 2022 : Some of the information contained within this update is from a much earlier date - I have decided to compile several instances of OMUKADE/KILLEROUS double-selling adoptables that were discussed in the comments of this thread, since resolutions were not adequately reached between OMUKADE and the aggrieved parties.

On September 17th, 2020, TH user Fidough commented on this thread sharing their personal experience of purchasing a design from OMUKADE, only to see that it was double-sold within two days to a different user. Although Fidough settled the matter amicably with the second buyer, this was the first in-thread allegation of double selling on the part of OMUKADE.

On September 19th, 2020, TH user L1N6L1N6 commented on this thread sharing first their concerns about being the victim of a potential double-sale, and then a follow up confirming that they had made contact with a second party to whom OMUKADE had sold their design. The initial sale to L1N6L1N6 took place on August 24th, 2019, and the second sale to Cathartic1/LunarWolf11 took place on December 8th, 2019.

In a follow-up comment made October 1st, 2022, L1N6L1N6 explained that they had approached OMUKADE along with LunarWolf11 ["back in 2020"] and come to a mutual agreement for OMUKADE to partially compensate for the double-sale with artwork in place of a partial or full refund of either sale. However, they allege that OMUKADE eventually ceased responding to messages, and that no subsequent contact has been made to-date.

Fidough's Comment
L1N6L1N6's Comment expressing concern about potential double-sale
Proof of payment included within L1N6L1N6's First Comment
L1N6L1N6's Comment confirming discovery of double sale/providing screencapped proof of TH upload date
L1N6L1N6's Comment updating the current status of their grievance as not-yet-resolved

UPDATE October 8th, 2022 : Another victim of double-selling, Timshel, has come forward in the comments section.

This time, the victim and their wife have proof that not one, but two of the OMUKADE-made designs that they own are either currently listed for-sale on OMUKADE's account here on TH, or currently listed as being in the possession of third party customers, presumably due to double-sale of already sold designs. These are now either the 4th or 5th documented incident of double-selling by OMUKADE [this being because I am now not certain whether the design for whom I initially wrote this PSA, Lex, was re-uploaded as blatant character theft or acquired by OMUKADE through purchase or trade from a third party to whom they may have double-sold her on the past].

If you have proof of further examples of double-sale by OMUKADE and are willing to come forward with information, please feel free to comment on this thread.